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."*CPG

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