Respected criminal defense lawyer Atty. Sigfrid Fortun raised doubts on whether the cases filed against leaders of the Iglesia Ni Cristo would prosper.
He said both the Department of Justice (DOJ) complaint and the Supreme Court writs of amparo and habeas corpus petitions suffer from glaring legal infirmities that weaken the cases.
INC officials are facing serious illegal detention charges before the DOJ after ex-minister Isaias Samson, Jr., alleged that he and his family were harassed and detained upon their orders.
The INC leadership will also face the Court of Appeals (CA) on Tuesday after the SC ordered the CA to hear the petitions for habeas corpus and amparo originally filed with the SC on behalf of dismissed evangelical worker Lowell Menorca II.
“As regards the DOJ complaint, any lawyer worth his salt knows that you file a serious illegal detention charge because it is non-bailable, and thus can be misused to embarrass and oppress no matter how flimsy the accusation may be” said the renowned litigator.
“The gulpe de gulat factor is strong when you file a serious illegal detention complaint, but the challenge is to be able to factually prove in court whether all elements of the offense exist; that is, if you first hurdle the DOJ or prosecutor’s level where you establish probable cause that a crime had indeed been committed,” Fortun explained. 
“The key elements of serious illegal detention, the ones that make it serious, are simulation of public authority, inflicting serious physical injuries or issuing threats to kill the complainant. Clearly they will be hard pressed to establish these elements in these complaints,” added Fortun.
According to Fortun, while the matter has attracted media coverage, “At day’s end, it will be a very difficult charge to prove beyond reasonable doubt.”
As for the habeas corpus and amparo petitions, Fortun opined that Menorca’s televised interviews may have helped him score publicity points, but it may have cost him the case that will now be heard by the Court Of Appeals.
“The only question is whether Menorca is entitled to the reliefs he seeks, that the bodies be produced, so to speak, for habeas corpus; and that they be protected as far as amparo is concerned,” Fortun added.
Fortun further explained that the writ of amparo must be judiciously issued as quote: “It’s an extraordinary remedy available only in extreme cases such as extrajudicial killings or enforced disappearances. Obviously, Menorca is alive and well, and his loved ones know where he is, and they are even all together now. These could effectively render the petitions moot and dismissible.” (Eagle News Service)
