THE IGLESIA Ni Cristo (INC) has asked the Court of Appeals 7th Division to dismiss the writ of amparo petition after its former worker Lowell Menorca II failed to appear for the continuation of his cross examination.
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 of a public official or employee, or of a private individual or entity.
The petition was filed by his brother Anthony and sister-in-law Jungko last year after Menorca, his wife Jinky, baby daughter and nanny Abegail were allegedly abducted in July last year.
During Monday’s hearing, INC lawyers told the appeals court to strike off Menorca’s testimony from the records and consider the case “moot and academic.”
The continuation of Menorca’s cross examination was supposed to be held last March 7 but the appeals court rescheduled it for March 21 after he failed to show up in court.
According to records from the Bureau of Immigration, Menorca and his family left for Vietnam on the evening of March 6.
His counsel Atty. Trixie Angeles said she was informed by Menorca that they received a death threat note placed on the windshield of their vehicle, a family photo with a March 7 date and the face of his daughter marked with an “X.”
During Monday’s hearing, Angeles said she received an email from Menorca two days ago. He apologized but he did not make any commitment to return or inform her of their whereabouts.
Menorca’s brother Anthony was present during Monday’s hearing but was not allowed to talk since he has no personal knowledge of his brother’s location.
The appeals court gave both parties two days to submit their position papers.
Next hearing is on March 28.