CA strikes portions of Menorca's testimony off records | ABS-CBN

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CA strikes portions of Menorca's testimony off records
CA strikes portions of Menorca's testimony off records
Ina Reformina,
ABS-CBN News
Published Feb 09, 2016 09:56 AM PHT

MANILA - Several portions of the judicial affidavit of expelled Iglesia Ni Cristo (INC) member Lowell Menorca II, which constitute his direct testimony in a writ of amparo case against top leaders of the religious sect, have been ordered stricken off the record by the Court of Appeals (CA).
MANILA - Several portions of the judicial affidavit of expelled Iglesia Ni Cristo (INC) member Lowell Menorca II, which constitute his direct testimony in a writ of amparo case against top leaders of the religious sect, have been ordered stricken off the record by the Court of Appeals (CA).
In a 42-page resolution, dated January 13, 2016 and penned by Associate Justice Victoria Isabela Paredes, the appellate court's Seventh Division ruled that some portions of Menorca's testimony are "speculative, conjectural, argumentative, non-assertive of truth, have no relevance to the issues to be resolved, and/or opinions inadmissible as evidence."
In a 42-page resolution, dated January 13, 2016 and penned by Associate Justice Victoria Isabela Paredes, the appellate court's Seventh Division ruled that some portions of Menorca's testimony are "speculative, conjectural, argumentative, non-assertive of truth, have no relevance to the issues to be resolved, and/or opinions inadmissible as evidence."
The appellate court acted on a motion filed by respondent INC officials led by Executive Minister Eduardo Manalo.
The appellate court acted on a motion filed by respondent INC officials led by Executive Minister Eduardo Manalo.
"We resolve the motion filed by respondents to strike out certain portions in the Judicial Affidavit of Lowell Menorca II for reasons stated therein; in resolving the motion, we have taken into consideration the opposition/comment filed by petitioners," the resolution read.
"We resolve the motion filed by respondents to strike out certain portions in the Judicial Affidavit of Lowell Menorca II for reasons stated therein; in resolving the motion, we have taken into consideration the opposition/comment filed by petitioners," the resolution read.
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The following are the portions removed from the records of the case:
The following are the portions removed from the records of the case:
- "threatening us that the Church Administration will not let us live once we get implicated with Antonio Ebanghelista;"
- "Bro. Mabasa talked to us inside our house and told us that the decision given by Bro. Eduardo V. Manalo was to give us another chance;"
- "he told me not to worry because that people who had the power and influence to put to jail are the same people who has the power to make it disappear, too"
- "threatening us that the Church Administration will not let us live once we get implicated with Antonio Ebanghelista;"
- "Bro. Mabasa talked to us inside our house and told us that the decision given by Bro. Eduardo V. Manalo was to give us another chance;"
- "he told me not to worry because that people who had the power and influence to put to jail are the same people who has the power to make it disappear, too"
The CA also ordered stricken off Menorca's statement pertaining to the alleged planting of a grenade by INC members which led to his earlier arrest in Cavite. The court also removed from records an account pertaining to "Ka Eduardo."
The CA also ordered stricken off Menorca's statement pertaining to the alleged planting of a grenade by INC members which led to his earlier arrest in Cavite. The court also removed from records an account pertaining to "Ka Eduardo."
The case before the appellate court stemmed from a writ of habeas corpus and writ of amparo petition filed by Menorca's brother, Anthony, and sister-in-law, Jungko Otsuka, before the Supreme Court (SC). The petition was remanded by the high court to the CA.
The case before the appellate court stemmed from a writ of habeas corpus and writ of amparo petition filed by Menorca's brother, Anthony, and sister-in-law, Jungko Otsuka, before the Supreme Court (SC). The petition was remanded by the high court to the CA.
The petition alleged that Menorca, his wife Jinky, daughter Yurie Keiko and their house helper Abegail Yanson, were abducted and held against their will upon orders of the INC.
The petition alleged that Menorca, his wife Jinky, daughter Yurie Keiko and their house helper Abegail Yanson, were abducted and held against their will upon orders of the INC.
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The INC has vehemently denied the allegation and has pushed for the dismissal of the case.
The INC has vehemently denied the allegation and has pushed for the dismissal of the case.
The next hearing on the case is set on February 15.
The next hearing on the case is set on February 15.
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