Saturday, January 14, 2006

Peña to oppose judge inhibition motion

From the Visayan Daily Star

The former boyfriend of fitness expert Marie Roxanne "Plinky" Recto will oppose her motion for Bago Regional Trial Court Judge Henry Trocino to inhibit himself from hearing his civil case for child custody with prayer for protection order, his lawyer said yesterday.

Recto's lawyer, Rowena Guanzon, who filed a motion for inhibition against Trocino, asked that it be heard by the Bago judge on Jan. 18.

In her motion, Guanzon said Trocino issued a "Temporary Protection Order" to Recto's former lover that allowed him custody of his 15-month-old child with Plinky on Jan. 3, citing the Anti-Violence Against Women and Children Act of 2004 (RA 9262).

The boyfriend's lawyer, Roem Arbolado, said the basis for his client's case is Administrative Matter No. 04-10-11-SC - the special rule that governs protection orders, and AM 02-04-04-SC on the rule on custody of minors.

The main cause of action is not based on the Anti-Violence Against Women and Children Act of 2004, he said.

It was also pointed out that while Guanzon in her motion for inhibition said immediately after the boyfriend filed his motion for a Temporary Protection Order on Dec. 23, 2005, the judge granted it, records show that the motion was not filed on that date but on Dec. 20. The TPO was issued by the judge three days after, it was also pointed out.

It was also pointed out that when Recto sought a TPO from the Mandaluyong Court against the former boyfriend on July 12, the order was issued on July 13.

The former boyfriend, in explaining his move to gain custody of the child said: "I have to protect my son, I will give my life for my son."

He also said Guanzon was legally outmaneuvered and "she should not feel bad, after all, we can enrich legal jurisprudence."

Guanzon, meanwhile, said she is glad "for the opportunity to test the law and the opportunity for legal scholarship," pointing out that she was a legal consultant for Senate President Franklin Drilon and had helped draft RA 9262 and the Implementing Rules and Regulations of the same law.

"What's good for the goose should be good for the gander," the former boyfriend said.

The former boyfriend also said he is asking Guanzon how she rates the rescue operation he mounted for his son that was executed with "speed, efficiency and lack of violence."

Thursday, January 12, 2006

Plinky's ex was her annulment lawyer?

According to Ninascoops' tidbits, Plinky's ex was her annulment lawyer. Nina was also able to interview Atty Pena:

"
He said he believes Plinky wants the media's attention because "she's an actress, a has been and wants to revive her career" and that "she wants to run for Mayor of Lipa City."

He also wanted to clarify that Plinky's permanent neck injury wasn't caused by him. He said that according to the doctor, it's a chronic injury, meaning it's been there all these years -- "even before we met," Plinky's ex said.
"

Sunday, January 08, 2006

Plinky's TV Guestings


Plinky Recto was at Startalk with Butch Francisco yesterday.










Today, she was Boy Abunda's guest at The Buzz.

Saturday, January 07, 2006

Judge inhibits self

From Inq7.Net: Judge bows out of Plinky Recto case

THE Regional Trial Court Judge handling the domestic abuse case fitness expert Plinky Recto had filed against her former boyfriend yesterday inhibited himself from trying the case... Judge Esteban Tacla of the Mandaluyong City RTC Branch 208 cited "incompetence" in handling family cases as reason from inhibiting himself from the case.

(Plinky's camp cries harassment though...)

From ABS-CBN News: Hukom nagbitiw sa kaso ni Plinky

Naghinagpis nitong Biyernes si Plinky Recto sa biglaang pagbitiw ng hukom na naglilitis ng kontrobersiyal niyang kaso laban sa dati niyang partner.

Napaluha si Plinky sa boluntaryong desisyon ni Mandaluyong Judge Esteban Tacla na i-inhibit ang kanyang sarili sa custody case ng aktres laban sa kanyang dating kinakasama.

And by the way, Ninascoops was able to talk to Plinky's ex. Read it here.

Happy New Year to All! Hope we will have a prosperous one ahead.

Thursday, January 05, 2006

Bago judge questioned on order in Recto case

From The Visayas Daily Star

The lawyers of Marie Roxanne (Plinky) Recto filed yesterday a Manifestation with the Regional Trial Court of Mandaluyong, informing the court of the Temporary Protection Order issued by Bago RTC Judge Henry Trocino, Rowena Guanzon of the Gender Watch Coalition said.

Trocino's order was used by Recto's live-in partner in taking her 15-month-old illegitimate son with him from her home at the Wack-Wack Heights Condominium in Mandaluyong City, she said.

At the RTC in Mandaluyong City, Recto has a pending petition for Temporary and Permanent Protection Order against her former live-in partner, lawyer Magdaleno Peña, who is from Brgy. Ubay, Pulupandan, Guanzon said.

"While the Motion for Renewal of the TPO filed by Ms. Recto's lawyers was pending in the RTC of Mandaluyong - and the existence of this pending case was known to Judge Henry Trocino - he used the Temporary Protection Order under Republic Act No. 9262 so he could issue an order giving temporary custody of the 15-month-old boy to Magdaleno Peña, ex parte, without giving Ms. Recto the opportunity to file an answer, a pre-trial, and without a case study by a social worker," Guanzon said.

"Since the petition is for custody, the Rule on Custody should have been followed by the judge, and not the Rule on Anti-Violence Against Women and their Children," she said.

"We question the obvious bias of the judge in favor of Mr. Peña, as well his erroneous application of Republic Act No. 9262. A judge cannot lawfully issue a TPO in favor of a man, because only women and their children are protected by the Anti-Violence Against Women and their Children Act of 2004," she said.

"Even if the Petitioner, Magdaleno Peña, alleges child abuse and claims that he represents his illegitimate son, the TPO is still not the proper remedy. What makes the error more glaring is that there was a TPO issued by the RTC of Mandaluyong in favor of Ms. Recto, except that a Motion for Renewal of the TPO was pending when Peña filed the Petition for Custody in Bago City. Put simply, a man who is a respondent in a Petition for Temporary and Permanent Protection Order in one court cannot lawfully be given a TPO in his favor by another court. No two TPOs can be issued to the same parties," Guanzon said.

"The manner by which the Sheriff of Bago, together with policemen from the CIDG in Pasig, took the child traumatized not only the boy but also his 10-year-old step-brother, who witnessed the event, locked himself in a room, and called his mother's assistant saying, 'They took him'," Guanzon added.

"The participation of the CIDG policemen in serving the Order together with the Sheriff of Bago were specified by Judge Trocino in his 'TPO,' which raises more questions on the impartiality of the judge, because his order should have been served by the Sheriff of the RTC of Mandaluyong City," Guanzon said.

The judge even ordered that Recto put up a bond of P1 million, she added.

"This is also a clear case of forum-shopping because the issue of custody is also being litigated in RTC Mandaluyong, and the parties are the same," she said.*

Son not safe with Plinky, says ex-bf

From Inq7.net:

THE former lover of fitness expert Plinky Recto yesterday said that he took their one-year-old son to protect the boy from his own mother.

"This is not a legal case, but a medical case, particularly in the field of psychiatry," he told the Inquirer in a phone interview yesterday. "She needs psychiatric help," he added, refusing to answer other questions.

He also asked that he not be identified, in line with Republic Act 9262, or the Anti-Violence against Women and their Children Act of 2004, ensuring the confidentiality of court records involving cases of violence against women and children.

Tuesday, January 03, 2006

She's in the news again

Will the news channels still bite?

Apparently some, err... one TV channel, ABS-CBN's News Central 23, still listens when Plinky makes noise. She is 23's headline item tonight, claiming that her child was 'kidnapped' (again?) by the father. Does she deserve the attention that she is again getting? Does she still have news quality? You be the judge. Abangan...

Update: This is becoming a case of 'court order vs. court order' and 'TPO (temporary protection order) vs. TPO' filed by both parties.

Television host and fitness guru Plinky Recto on Tuesday accused her former live-in partner of abducting their one-and-a-half-year old child, TV Patrol World reported. The camp of Recto’s estranged partner, however, denied there was an abduction, saying the child was merely taken into custody by his father on the basis of a court order.

The lawyer of Recto’s former partner maintained that they merely picked up the child. A statement likewise denied accusations of kidnapping. Rowen Arbolado said that a temporary protection order (TPO) has been granted to Recto’s estranged partner by a court in Bago City, Negros Occidental. Recto’s former partner lives in Bago City.

While Recto filed a case against her lover in the Mandaluyong City Regional Trial last year, it now turns out that he has also filed a case against her - in Negros Occidental. Both cases cited the same law, Republic Act 9262, which is known as the Anti-Violence Against Women and Their Children Act of 2004.

Fitness expert Plinky Recto will file a manifestation at the Mandaluyong City Regional Trial Court (RTC) after her former live-in partner took their 14-month-old son on the strength of a "questionable" court order, her lawyer said on Wednesday.

Tuesday, December 13, 2005

There's Light, Hope and Faith in Plinky's Life

So there are additional characters now in Plinky Recto's real-life drama (?). Read on...

One Hope Liwanag vs one Faith Martinez (From Dollywood, PDI)

I subscribe to the Inquirer and read it everyday. I follow the articles of my favorite columnists, including you. Your column perks up my mornings because of your insightful commentaries that provide glimpses into the entertainment world.

Last Monday's article, more than most, caught my attention. The letter sent by one Faith Martinez [was an attack on] Plinky Recto's character. I was aghast by the accusations against Plinky that I, for one, know are complete lies. I am a friend of the Rectos--a decent and respectable family--and I am most especially close to Plinky from way back. I have been with her through thick and thin, the highs and lows of her personal life, and I have seen for myself the ordeals and sufferings she went through with Mr. Gangster.

I write this in defense of her, and in reply to Faith's character assassination. Plinky, I attest to the high heavens, is a good, decent, honest, and compassionate human being. Why she got involved with Mr. Gangster remains a mystery to me. I just tell myself that it was because Plinky believes all human beings are good at heart. At a tremendous personal expense, she turned out to be so very wrong.

I do not mean to burst your bubble but from the text of "her" letter, I think that this Faith Martinez who sent you that letter is none other than Mr. Gangster himself hiding behind the skirt of his so-called pseudo-female alter-ego/informant.

I suppose I cannot blame Mr. Gangster. With so many enemies, it is no wonder that he cannot come out and openly defend himself.

In the face of intimidation and later on offers of money, a person of weak moral fiber would easily give in to Mr. Gangster to support his devious and evil ways. Take a very close look at the maid, the 2 midwives, the driver, and the security guard who are claiming that they have not been bribed or intimidated [to give statements against Plinky]. Court records of Plinky's case would clearly show their utter lack of credibility. If you want, I can convince Plinky to give her written consent as provided under R.A. 9262 so that you can check the court records for yourself. By the way, there is no gag order on Plinky. R.A. 9262 specifically gives her the right to go public as regards her case. So, Faith, I guess you must have been tipped off by a lawyer who does not know his law.

Let's go to Faith's letter point by point.

Like all parents, Plinky is concerned with the well-being of her family--and her family includes the people who work for her. She is a "hands-on" person, an organizer. Plinky may have strict rules about running her household but it is within reason. Plinky has never hit any person, thrown any object at them, or had fits of hysteria. She is firm but diplomatic. She does not reprimand or embarrass any person in public; neither does she make it a public issue. Plinky does not use "kitchen utensils" to discipline her children. She applies a method of child-rearing where the hand is never used to hit a child. According to Plinky, the hand is for loving and caressing.

Plinky alone paid for her Pilates training abroad. I have seen all her receipts to prove this.

Initially Mr. Gangster told Plinky he would "help" set up the studio. But he cannot be trusted; he simply has no word of honor. And to add insult to injury, he keeps a scorecard of his "good deeds," money and gifts he has given, so that he could charge against these favors later. In fact, there was a time when the relationship with Plinky was not going well, he wanted her to reimburse him for his trips to the United States; trips he made at the time that he was wooing her. What a guy!

Plinky's Pilates studio was financed with a bank loan, which she alone has paid. And it's doing very well.

The renovation of Plinky's home came from her savings in the last five years. By the way, the renovation only started August of this year. And the wall, which Faith talked so passionately about, was constructed by Mr. Gangster simply because of his own fight with the squatters across the street. He would threaten them almost every night and even threaten them with a gun. He requested the assistance of the SWAT team to throw tear gas at the squatters which, sadly, caused the death of an old woman in that area.

As to the mauling incident, I am proud of Plinky because she has fought back despite all the bruises and permanent damage to her neck. Prior to 2005, Plinky never had any problems with her neck. Now, she has to take painkillers every day. She had a prescription to wear a neck brace in the early part of the injury. Her medical records will speak for themselves and the attending doctors will attest to the injuries. Are you a doctor, Faith?

To further enlighten your mature readers, Dolly, Mr. Gangster was Plinky's counsel in her annulment case. Privileged information between her as client and himself as her counsel, had been exchanged, including the marital issues that she had at that time with her ex-husband. Your readers may also want to know that Mr. Gangster warned Plinky immediately after the mauling that he would leak lawyer/client information to destroy her reputation. Is it just a coincidence that Faith came to know of these confidentialities?

At any rate, Plinky and her ex-husband are now good friends and happy with their situation. Plinky has her 14-month old son and her ex-husband now has a daughter. By the way, Plinky's ex-husband is not a gangster; how dare Mr. Gangster compare himself to this decent guy!

Faith also appears to know so much about the last four years of the relationship between Plinky and Mr. Gangster, more particularly about the checks he supposedly issued to Plinky. I wonder how Faith came to know of these? Perhaps she also knows that Mr. Gangster was hiding assets from several creditors, including his own family members? Plinky cannot even get back the money he borrowed from her (P750,000 and US$2,500)--and to think he was already living in her house, as in free board and lodging! What a guy!

Now, as to Plinky's former counsels, they made recommendations to her based on R.A. 9262. In a nut shell, the law provides that, as a victim of abuse and violence, Plinky has the legal right to claim actual, moral, and exemplary damages and reimbursement of legal expenses against Mr. Gangster, the total of which, contrary to Faith's story, did not amount to P4 million. I don't know where she got that figure. Plinky was also advised that she has the legal right to claim support for her son with Mr. Gangster, which is not P300,000 a month, again contrary to Faith's report. To digress a little, the Fortun brothers did not turn down Plinky's case. In fact, the complaint filed in court was prepared by one of the brothers. Somewhere along the court proceedings, Plinky and her former counsels decided to part ways for valid reasons, and Plinky is now being ably represented by the Dupaya brothers.

In any event, Plinky has waived the money claims because she cannot have her child begging his father for support, or herself being financially controlled by Mr. Gangster. This can be verified from court records. It is a matter of public knowledge that Plinky has the financial capacity to support her children on her own, and she does not need money from Mr. Gangster.

Right now--and everyone knows this already--Plinky is simply asking the court for a permanent protection order for herself, her two children, and other members of her family and household. Nothing more.

I know that Plinky feels truly blessed and very thankful to have so many supporters--that include me!--despite full knowledge of the dangers we face simply by being with her. Plinky will never be alone in her plight. Her family will never forsake her and will support her more than a 100 per cent through and through, unlike Mr. Gangster who put one over his blood relatives, including his own mother. Shame on you, Faith!

Plinky has thanked--and I'm sure she will always be thankful to--lawyer Katrina Legarda, her guiding light in the first crucial week after Mr. Gangster mauled her, and during the time when he kidnapped her second child the day following the mauling. Plinky was lost and did not know what to do and Atty. Legarda was there.

Let us focus on the real issue. It is not money. It is abuse. It is violence. No man has the right to abuse any woman or child.

Thanks, Dolly, for this opportunity.

Hope Liwanag

(hopeliwanag@yahoo.com)

Bacolod City