The Court of Appeals officially dismissed the Writ of Amparo petition filed by expelled Iglesia ni Cristo member Lowell Menorca and his family.
In a 13-page resolution of the CA 7th division, dated April 21, 2016, written by Associate Justice Victoria Isabel Paredes, the court favored the omnibus motion filed by the Iglesia ni Cristo seeking the dismissal of the case, for being “moot and academic.”
According to the CA, the court is just wasting its time and resources if they continue to hear the case, when the family of Menorca have obviously fled the country.
“Proceeding with the case would merely waste the valuable time and resources of the court; a declaration on the issue would be of no practical value or use,” read the decision.
The court explained that the Writ of Amparo is intended to address the problem of “extrajudicial killings” and “enforced disappearances.”
A writ of amparo is a remedy available to any person whose right to life, liberty, and security is violated or threatened with violation by an unlawful act or omission.
The court noted that they cannot enforce the writ to cases that have no strong proof or evidence, and is also rendered worthless with Menorca’s flight from the court’s jurisdiction.
It might be recalled that Menorca left Manila on March 6, 2016 and arrived in Vietnam on March 7, 2016.
The resolution was approved and signed by Associate Justices Magdangal de Leon and Elihu Ybanez.
Eagle News Service