(Eagle News) — Expelled Iglesia Ni Cristo member Lowell “Boyet” Menorca II again failed to show up Monday (March 21) in the hearing on the petition for writ of amparo filed by his camp before the Court of Appeals, and the magistrates are giving him until hearing next week (March 28) to show up.
Only his lawyers and his brother Anthony Menorca were present in the hearing and the CA finds this repeated failure of Menorca to attend the hearings unacceptable.
“That is the court’s opinion. We always respect the court’s opinion. At any rate, they did not make a ruling on that but they did mention it,” said Atty. Trixie Angeles, Menorca’s lawyer. “Apart from that, we have no need to respond.”
Menorca’s lawyers claimed they do not know the whereabouts of their client who left the country on March 7 and was last seen in Vietnam. (https://www.eaglenews.ph/menorca-and-family-in-vietnam-contrary-to-his-lawyers-claim-that-he-is-nowhere-to-be-found/)
The lawyers of the respondents, officials of the Iglesia Ni Cristo, said that they would move for the case’s dismissal for being moot and academic, since it was obvious that Menorca could come and go as he pleased and that there was no threat at all to him and to his family. The threats which Menorca’s camp had been claiming before were all just in Menorca’s imagination, the lawyers for the INC said.
“Being out of the country means he is already out of the jurisdiction of the court. There is no use for issuing a writ of amparo. It cannot be served. It cannot be used outside of the country,” said Atty. Moises Tolentino Jr., lawyer for the INC.
He said that Menorca, “having opted to go out of the country” left the respondent “with no opportunity to cross examine him, to be able to expose his lies,” thus, the respondents’ motion to have the case dismissed.
Atty. Angeles, counsel for the petitioners, could not explain to the court the reasons for the whereabouts of the petitioner. Reiterating her previous argument, she said that Menorca received supposed death threats via a printed photograph of their family with an “X” mark on the daughter.
Atty. Prodigalidad, lead counsel for Iglesia Ni Cristo, countered saying, that it was “very easy” for anyone, including Menorca, “to print a photo with an “X” on it and claim that because of that he is scared so he will flee.
The Court pointed out that it cannot exercise its function to protect the petitioner while he flies away from its jurisdiction.
Atty. Angeles even sought to have a substitute witness after reporting to the Court that she does not know the whereabouts of her client except for an email “apologizing” to her.
The Court, however, denied the plea of the petitioners’ lawyers that they be allowed to “substitute” Anthony Menorca for his brother.
Atty. Angeles also admitted that the younger Menorca had no personal knowledge on the matters of the case. The Court then asked both parties to submit their positions in writing within two days.
The Court set the next hearing on March 28, 2016 when the justices are expected to decide on how the case will proceed.
Menorca is facing various libel cases for claiming in a press conference that the SCAN International — a socio-civic group of INC members — was the INC’s hit squad. He is also facing an adultery complaint filed by the husband of his alleged paramour, Aedtnavye Juntilla Lazo. ( https://www.eaglenews.ph/adultery-complaint-filed-vs-menorca-before-manila-prosecutors-office-2/)
His continued absences in court have fueled speculations that he is evading these cases, contrary to his previous claim that he is ready to face all the charges in court.
