The Court of Appeals will hear today the habeas corpus and amparo case against leaders of the Iglesia Ni Cristo who had been accused of involvement in the alleged abduction and detention of expelled minister Lowell Menorca II and his family.
The CA’s Seventh Division composed of Associate Justices Victoria Isabel Paredes, Magdangal de Leon and Elihu Ybañez will conduct the hearing at 10 a.m. at the session hall.
Sources, however, revealed that respondents INC executive minister Eduardo Manalo and Sanggunian or Council members Radel Cortez, Bienvenido Santiago and Rolando Esguerra are not expected to appear before the hearing.
INC lawyers are expected to ask for more time to answer the allegations in the petition filed by Menorca’s brother Anthony and sister-in-law Jungko Otsuka since their camp was not able to formally receive a copy of the order of the Supreme Court last Oct. 23.
Because of such failure to serve the summons, the respondents also were not able to comply with the order for them to submit a return of the writs within five days from notice.
The petition was originally filed with the SC, but remanded the case to the appellate court for hearing, receipt of evidence and resolution.
The camp of Menorca, on the other hand, said they would present evidence before the CA to prove the allegations despite the habeas corpus case being moot already with the supposed release of the expelled minister and his family from INC’s custody.
A writ of amparo is a remedy available to any person whose right to life, liberty and security has been violated or threatened. A writ of habeas corpus, on the other hand, is a legal action sought on behalf of a person who has been unlawfully detained.