(Eagle News) — The Court of Appeals required the parties to submit all affidavits by Thursday, Nov. 5, as it adjourned this afternoon (Nov. 3) its proceedings on the petitions for habeas corpus and writ of amparo filed against the officials of the Iglesia Ni Cristo.
The next hearing was set on Nov. 11.
The lead counsel of the INC, Atty. Patricia Ann Prodigalidad, asked the Court of Appeals’ seventh division which is hearing the case to dismiss the petitions for habeas corpus and writ of amparo filed by expelled INC members on behalf of Lowell Menorca II and his family.
Petitions without basis, says INC legal counsel
The petitions for habeas corpus and writ of amparo filed by Lowell’s brother Anthony and sister-in-law Jungko Otsuka were without basis, explained Prodigalidad.
She said the petition for habeas corpus was already “moot and academic” since the expelled evangelical worker Lowell, his wife, Jinky, and daughter Yurie Keiko are already outside the INC’s compound and not within the INC’s custody.
There was also no threat to his life, nor any restraints to Lowell Menorca and his family, according to Prodigalidad, rendering the petition for the writ of amparo without any basis. The Menorcas are already with the petitioners and are even free to make statements to the media anytime they wished, according to the INC’s lawyer.
In the manifestation and motion to dismiss the petitions, the INC officials who were respondents in the case also said there was no truth to Menorca’s claim that he and his family were held against their will; therefore the issuance of the writs sought by petitioners was not called for.
The INC had earlier said that Menorca had sought to be given INC protection inside the INC’s compound. But Menorca suddenly changed his tune when he left the INC compound on Oct. 21.
The INC officials, in their motions to dismiss, said the petitioner failed to make any “specific allegations as to the precise nature, manner and extent of involvement of each of the named respondents.”
Prodigalidad cited jurisprudence or rulings in previous cases where the Supreme Court had ruled that there should be an actual threat before the court grants the relief under the writs.
The INC respondents also stressed that they are “not government or public officials or acting in support or acquiescence of the government” to be the subject of the petition for the issuance of a writ of amparo.
Menorca’s lawyer Trixie Angeles said even if the habeas corpus petition was already moot and academic, the petition for the writ of amparo petition was not.
She claimed that her client’s life was still in need of protection.
Menorca comes to court with Faeldon
Menorca and his family came to the court accompanied by former Marine army Capt. Nicanor Faeldon. Faeldon was with the Menorcas when they arrived in court. They even alighted from the same vehicle.
But Atty. Angeles refused to confirm that Faeldon was securing Menorca and his family.
Angeles also complained that a member of the Criminal Investigation and Detention Group (CIDG) tried to get Abegail Yanson, the alleged househelp of the Menorcas.
Angeles also complained of a commotion that happened during a break at the CA hearings which, according to her, should be reason enough for the appellate court to continue hearing the case.
Abegail’s mother tries to embrace daughter
But Atty. Prodigalidad said that this commotion was only because Abegail’s mother, Roselie, had tried to approach her daughter, Abegail, because she wanted to embrace her while inside the court room.
Prodigalidad said this should not be considered as a threat by the Menorcas or their lawyers.
She said that it was just natural for Abegail’s mother to want to embrace her daughter whom she had not seen for a long time.
Abegail’s parents, accompanied by their other children, were among those who attended the court hearing earlier, and had tried to approach their daughter during break in the hearing. Abegail’s mother, however, was prevented from approaching her daughter by security men.
Prodigalidad says INC officials not required to make personal appearance in court
Explaining the absence of the INC respondents, Prodigalidad clarified that the INC officials were not required by the Supreme Court resolution to personally appear before the courts.
Meanwhile, INC spokesperson Edwil Zabala, said there was a need to “thresh out baseless allegations” against the INC in the proper forum, which is the court.
“The Iglesia ni Cristo holds the separation of church and state sacrosanct. While we firmly believe that discipline of members belongs entirely within the domain of religion, we understand the need to thresh out the baseless allegations of disgruntled and expelled members within the framework of a non-sectarian judicial system – if only to vindicate the name of the Church in the eyes of members and non-members alike,” Zabala said in a statement.
Zabala: INC “ready to face all the legal challenges”
Zabala said that the INC is “ready to face all the legal challenges” filed by those who have been trying to discredit the INC churc”h administration.
“We are confident that the truth shall prevail in this current controversy and that our officials will be vindicated by our judicial system,” he said.
Zabala added: “We are ready to face all the legal challenges and we continue to pray for all those affected by, and involved in, these cases, as well as the quick and peaceful resolution of the same.”
He also corrected a report which came out in CNN Philippines, claiming that there was an INC protest that was held outside the appellate court during the hearing.
“There was no protest, as erroneously reported. Those observed were individuals who wanted to witness the hearing but could no longer be accomodated inside,” Zabala clarified.
The Court of Appeals seventh division, which is hearing the petitions, is composed of Associate Justices Magdangal De Leon, Victoria Isabel Paredes and Elihu Ybanez. (with reports from Juliet Caranguian and Erwin Temperante, Eagle News Service)
