Bago Regional Trial Court Judge Henry Trocino who has inhibited himself from hearing the case for custody filed by the Negrense former boyfriend of fitness expert Plinky Recto against her, said he did not cross the line that divides partiality and impartiality.

Trocino said he will never allow family and social relations nor friendship to constitute an element in determining his judicial course.

However, he said he was granting Recto's motion for his inhibition, not because of what she and her counsel have pointed out, but in order "to preserve the people's faith in the impartiality of our judicial system."

Trocino said his pairing judge, Reynaldo Alon of the La Carlota RTC, shall, instead, hear and decide the case. But he pointed out that the Court of Appeals has issued a 60-day restraining order on proceeding with the trial of the case.

Recto's lawyer, Rowena Guanzon, said she is thanking Trocino for inhibiting himself to preserve the integrity of the judiciary.

Recto's motion for inhibition was filed on the grounds that Trocino acted with bad faith, malice, glaring partiality, and in gross ignorance of the law, and had also violated the Rule on Custody, Rule on Violence Against Women and their Children, and the Code of Judicial Conduct.

Trocino, in his order inhibiting himself, said he has always endeavored to live up with his cardinal principle to administer impartial justice to all and to perform his official duties with utmost integrity unswayed by public opinion and fear of criticism.

He said Recto, through her counsel, hurled "baseless, offensive, and unfounded aspersions" against his integrity and competence for issuing a Temporary Protection Order, that allowed Recto's former boyfriend to have custody of their 15-month-old son.

In rendering the TPO, he said the primordial factor considered by the judge is "the welfare and best interest of the minor child - nothing more. It was not motivated by bad faith or malice. "

Should the respondent and counsel feel that the judge committed an error they can avail of legal remedies under the law "but that does not give them the unbridled tongue to hurl defamatory remarks" against him, he added.*CPG

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