Former INC Minister Lowell Menorca II inside the Court of Appeals compound on Tuesday, November 04, 2015 for the hearing of Amparo petition against the Iglesia ni Cristo leaders. (UNTV News)
MANILA, Philippines — Officials of the Iglesia ni Cristo (INC) failed to appear on Tuesday before the Court of Appeals 7th Division during the hearing of the Amparo petition filed by the brother and sister-in-law of former Minister Lowell Menorca II.
Lawyers from the ACCRALAW appeared on their behalf and asked the court to dismiss the petition which seeks the privilege of Writ of Amparo and Habeas Corpus.
Atty. Patricia Ann Prodigalidad argued that Menorca is no longer restrained and is free to move around making the petition moot or irrelevant.
She confirmed that Iglesia Ni Cristo Executive Minister Eduardo Manalo is out of the country.
The lawyer apologized to the court for the non-appearance of the respondents in Tuesday’s proceedings.
Atty. Prodigalidad further said the rules on Writ of Amparo and Habeas Corpus do not require the personal appearance of the respondents.
The court though is not persuaded by the motion to dismiss filed by the INC lawyer and proceeded with the hearing of the petition.
Meanwhile, Menorca, together with his wife Jinky Otsuka and househelp Abegail Yanson, appeared before the court to testify in support of the petition seeking state protection against the threats to his life and his family’s.
But before they could testify, a woman who introduced herself as a CIDG officer tried to take Yanson away just after she stepped out of the court room.
It was allegedly part of their operation to rescue the househelp who is allegedly being restrained by the Menorca’s.
But Menorca’s lawyer Atty. Trixie Angeles said, Yanson resisted and refused to be taken by the alleged police officer who is purportedly a member of the Iglesia Ni Cristo.
“Somebody approached Ms. Abegail Yanson and tried to take her away. The woman in white clothes grabbed her by the shoulder and later on we learned that she was allegedly a CIDG officer. No warrant or court order was presented and we don’t know how she was allowed inside. It was clear that there is somebody trying to gain advantage here,” says Menorca’s lawyer.
INC’s lawyer, however, said it was Yanson’s mother who tried to hug her daughter.
But when a justice asked Yanson in open court, she tearfully said she didn’t know the woman who tried to take her away.
Atty. Angeles is puzzled why this issue is coming out only now after Menorca was rescued.
She added this is only a proof that the harassment on the family of the former minister has not abated.
“We have only one interpretation of this: the harassment continues and we really need the Writ of Amparo to be made permanent,” Atty. Trixie Angeles said.
Meanwhile, lawyers of the petitioners and the respondents argued over the need to cross examine their witnesses.
INC lawyer insisted there is no need for it since the hearing of the Amparo petition is only summary in nature.
But the lawyer of the petitioners said, there is still the need to cross examine the witnesses.
But the added that nothing in the rules of the Writ of Amparo states that witnesses should no longer be cross examined.
In the end, the court ruled that the witnesses submit their judicial affidavits until this Thursday. But the cross examination of the witnesses will continue next Wednesday, November 11. (RODERIC MENDOZA / UNTV News)
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