Case vs INC leaders weak – Fortun

MANILA, Philippines - The charges of serious illegal detention brought against members of the Iglesia ni Cristo (INC) Sanggunian are weak, a lawyer said yesterday.

Sigfrid Fortun said the cases against INC leaders before the Department of Justice (DOJ) and the Supreme Court (SC) suffer from glaring legal infirmities.

Expelled minister Isaias Samson Jr. and his family have filed serious illegal detention charges before the DOJ against members of the INC’s Sanggunian.

The family of Lowell Menorca II, another expelled minister, also sought a writ of amparo and habeas corpus from the SC.

The Court of Appeals will hear the petition tomorrow.

Fortun said the case in the DOJ – being a non-bailable offense – could be misused to embarrass or oppress no matter how flimsy the accusation may be.

“The golpe de gulat (shock) 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,” he said.

Fortun said the key elements of serious illegal detention include 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,” he said.

While the matter has attracted media coverage, “at day’s end, it will be a very difficult charge to prove beyond reasonable doubt,” he added.

Menorca’s televised interviews might have cost him the habeas corpus and amparo petitions, Fortun said.