The Court of Appeals (CA) on Monday was asked by the lawyers of the Iglesia Ni Cristo (INC) to junk the petitions for writ of amparo and habeas corpus filed by an ousted minister who is now in hiding abroad.
During the hearing at the appeals court, Rogelio Vinluan argued that the petition for writ of amparo filed by the Menorca family on behalf of expelled INC member Lowell Menorca 2nd is already “moot and academic” because he had left the country on March 6.
Vinluan is positive that the CA will rule in their favor and grant their motion to dismiss the petition of Menorca.
Even Menorca’s lawyer, Trixie Angeles, asked the CA 7th Division to archive the case.
She pointed out that once the writ of amparo petition is archived, it can still be heard within a period of two years. On the other hand, if the Menorcas choose not to pursue the petition after two years, the CA can then dismiss the case.
The justices of the CA 7th Division, through its chairperson Associate Justice Magdangal De Leon ruled that the motion is deemed submitted for resolution.
A CA magistrate who refused to be named said the habeas corpus could be considered “moot and academic” since Menorca is no longer in the custody of the INC, or within the INC compound.
Under the rules, writ of amparo cases must be decided within 10 days after it is submitted for decision.