Judge Herminigildo Octaviano of the Municipal Trial Court in Cities of Bago City has set a March 9 arraignment for fitness expert Marie Roxanne "Plinky" Recto who is facing a criminal case for "slight physical injuries" filed by her former boyfriend, who is a Negrense lawyer.

The former boyfriend in his affidavit, a copy of which he furnished the DAILY STAR, said the incident occurred on Jan. 18, 2006 while he was attending the hearing of the civil case he filed against Recto before the Bago City Regional Trial Court for damages and custody of their 15-month-old son.

He said he was ordered by the judge bring their son to court. While Recto was cuddling their son, he said he was standing directly behind her when she unexpectedly back-kicked him hitting his left shin with her square heeled leather boot.

In his affidavit he said "I felt severe pain on my left leg and shouted 'aray! aray!' and even uttered: 'I am the battered boyfriend! You see?' In the presence of her counsel Atty. Rowena Guanzon, the court bailiff, as well as the court stenographer and interpreter."

As a direct consequence of Recto's kicking him, the former boyfriend said "I was embarrassed in front of her lawyer and of the other court personnel in attendance. Further, I suffered the pain caused by my injury for several days, which in effect, prevented me from doing my routinary work for almost a week," the former boyfriend said in his affidavit.

Guanzon, Recto's lawyer, said the former boyfriend hugged her client from the back, "which was unwanted."

"She (Recto) felt harassed and afraid he would harm her so she kicked him in the shin. He was the aggressor, she was just defending herself," Guanzon said.

Recto has a pending case against her former boyfriend before the Regional trial Court of Mandaluyong City seeking issuance of a protection order pursuant to the Anti Violence Against Women and their Children Act of 2004.

Mandaluyong RTC Judge Edwin Sorongon is the new judge handling the case, after four others prior to him inhibited themselves.

The former boyfriend said Sorongon has instructed the parties concerned to desist from going to the media to discuss the case.

A petition for habeas corpus, certiorari and injunction filed by Recto against her former boyfriend and Bago Regional Trial Court Judge Henry Trocino is also pending before the Court of Appeals in Cebu.

The CA on Jan. 26, 2006, issued a 60-day restraining order against Trocino's hearing the case for custody filed by the former boyfriend against Recto, and Trocino has since inhibited himself from the case.

The CA also issued an order preventing the former boyfriend from going within 200 meters of Recto. Yesterday he said he did not care even if she went to the moon, all he wants is custody of his child.

The former lover's name has been withheld by the media because he has cited AM 04-10-11 of the Supreme Court.*CPG

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