Iglesia Ni Cristo seeks dismissal of kidnap, illegal detention raps

MANILA, Philippines - Iglesia Ni Cristo (INC) leaders tagged in the alleged kidnapping and detention of expelled minister Lowell Menorca II and his family have sought the dismissal of the habeas corpus and amparo petitions against them.

In a hearing yesterday, INC legal counsel Patricia-Ann Prodigalidad asked the seventh division of the Court of Appeals to junk the petition filed by Menorca’s brother Anthony and sister-in-law Jungko Otsuka for being moot and academic since the subjects were no longer under the church’s custody.

Prodigalidad, a partner from Angara, Abello, Concepcion, Regala and Cruz law office (ACCRA) and a 1996 Bar exam topnotcher, argued that the reliefs sought under the writs of habeas corpus and amparo could no longer be served since Menorca and his family were no longer detained, as they earlier claimed.

Prodigalidad cited the rulings of the Supreme Court on similar cases stating that there should be “actual threat” to warrant grant of special reliefs under the writs.

“The petition should be dismissed for being moot and academic. Existing jurisprudence states that cases of habeas corpus and amparo will become moot upon release of the subjects of the petitions,” she said.

“Given the admissions of Mr. Menorca and petitioner’s counsel that Menorca (and his family) are no longer in the custody of the INC, the petition as well as the writs of habeas corpus and amaparo are now moot and academic. There is no basis to claim that there is an imminent or continuing restriction on Menorca’s life, liberty and security,” she added.

The respondents – INC executive minister Eduardo Manalo and Sanggunian members Radel Cortez, Bienvenido Santiago and Rolando Esguerra – also filed with the Court of Appeals a motion to formally seek the dismissal of the case.

“The petition does not make any specific allegations as to the precise nature, manner and extent of involvement of each of the named respondents in the acts complained of,” the INC officials argued.

The INC officials also alleged that the instant petition is improper since “there was no illegal and involuntary restraint of liberty to justify the issuance of the writs.”

“Respondents are not government officials and they were not acting in support or acquiescence of the government or a political organization. Hence, petitioners’ resort to a petition for a writ of amparo is improper,” they added.

But Menorca’s camp insisted on their allegation that he was abducted last July 16 after leading a church service in the town of Bulan, Sorsogon and was held inside the INC compound in Quezon City with his family until they were released last Oct. 23.

Menorca, his wife Jinky, their daughter and nanny Abegail Yanson were present during the two-hour hearing. Their lawyers Trixie Cruz-Angeles and Ahmed Paglinawan submitted affidavits to prove their charges.

Angeles conceded that the habeas corpus petition is moot, but argued that the amparo case is not.

“The amparo cannot be considered moot yet because the threats against our clients are continuing,” she said.

She cited an incident before the hearing where a woman who claimed to be an agent of the police Criminal Investigation and Detection Group grabbed and tried to take Yanson.

“We don’t understand how that (supposed agent) was able to get inside. We were told she posed as one of the lawyers for the petitioners when there are only two of us. She did not present any warrant or court order,” she told reporters.

“It’s clear that someone’s using influence here to harass our clients,” she alleged.

Angeles said they even received information that a warrant would be served on Menorca after the hearing though Angeles said as far as she knew, there is no case pending against her client.

A source said the lawyer met with National Bureau of Investigation-National Capital Region director Max Salvador yesterday morning. The source also said there was an attempt to serve a warrant on Menorca but it failed because the warrant had a different name.

Salvador could not be reached for comment. – With Robertzon Ramirez, Evelyn Macairan