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Friday, March 29, 2024

INC case dismissal likely – expert

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A criminal defense expert  on Thursday  foresees the dismissal of the criminal complaint for “harassment, illegal detention, threats and coercion” filed by ex-Iglesia ni Cristo minister Isaias Samson against officials of the INC, which is currently awaiting resolution by the Department of Justice.

“As I suspected, the case against the INC leadership is weak and will most likely lead to the dismissal of the case against the INC leadership,” said veteran and respected lawyer Sigfrid Fortun, who in an earlier statement pointed out that the complaint filed by Samson suffered from glaring legal infirmities.  

According to Fortun, the complaint, which was published online by several news services, “contains flowery prose that make for a good read.”

“However, there may have been a failure to pinpoint the ultimate facts that establish probable cause for the criminal offenses Mr. Samson was complaining about. That’s what’s vital for their case to prosper,” Fortun explained.

The seasoned litigator noted that there were numerous allegations regarding the taking of cellphones and computers from Samson and his family members, “but the curious thing is no charges for theft or robbery were made—most likely because none of these articles belonged to the Samsons.”

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There were likewise allegations of INC officials misappropriating money but there wasn’t any criminal complaint for estafa, Fortun added.

“Among other things, there was a complaint for ‘harassment,’ which is not even defined as a crime in the Revised Penal Code,” stressed the UP-trained lawyer.  

Fortun also said the term “house arrest” was liberally used in the complaint, “yet any decent competent lawyer will tell you that no order of arrest can be issued by private individuals. Only the state can have a party arrested.”

“If I noticed these issues, then no doubt the lawyers prosecutors in the DoJ have likewise spotted them as well—and they will have no choice but to dismiss the case.”

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