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Fitness expert Marie Roxanne "Plinky" Recto yesterday said she
misses her baby very much and will continue her fight to get him
back from her former Negrense lover no matter what accusations he
hurls against her.
"The father of my child forgets that I am Batangueña and I know
how to fight, and above that I am a Recto and we don't back down,
tuloy ang laban (the fight will continue) until I can get my son,"
she said at a press conference at the Business Inn in Bacolod City
yesterday morning.
"I got our child from under her nose and guards in five minutes,
what fight is she talking about?" her former lover asked.
Recto was in Negros Occidental for the hearing of a motion
for inhibition she filed against Bago Judge Henry Trocino who had
issued a Temporary Protection Order (TPO) that granted her former
lover the right to gain custody of her 15-month-old son on Jan.
3.
The former lover did not bring the child to court yesterday
afternoon as ordered by the judge saying the boy had been sick and
he did not want him to have a relapse. However, he relented on the
insistence of Recto's lawyer, Rowena Guanzon, and had the child
brought to the court room.
Recto hugged and played with the child for a little more than
an hour in the Bago court room that ended with a tearful goodbye,
Guanzon said.
The former lover told the DAILY STAR when Recto hugged their
son he hugged her from the back and she hit him.
I told her she could even sleep in my house in Ubay so she
can be with our son and after nine months we will have another child,
he said.
The former lover also said he told the judge he was willing
to wave the restriction against Recto's coming within 20 meters
from their son so she can visit him.
The judge gave the former boyfriend seven days to submit his
opposition to the motion for inhibition after which he will rule
on the matter, Guanzon said.
The former lover said he will oppose the motion for inhibition,
saying contrary to the claim of Recto that the judge is biased in
his favor, he is even favoring her.
He said Trocino used to be the chief of staff of former Bacolod
Rep. Romeo Guanzon, an uncle of Recto's lawyer.
The judge did not impose his order in the TPO for Recto to
post a P1 million bond to keep the peace and surrender her firearms,
the former lover pointed out.
Guanzon said Recto is demanding that custody of the child be
returned to her and that visitation rights could then be granted
to the former lover.
The former lover, on the other hand, said that for six months,
Recto had not allowed him visitation rights.
The former lover said Recto is not fit to take care of their
child until she addresses her psychological problems so she can
be a good mother.
He said he would like to see a happy ending to the suctody
dispute with the mother of his child.
'FIGHT FOR OTHERS, TOO'
I have come here to fight for my son, Recto said in her press
conference, adding that she wants the rest of the mothers going
through similar experiences to know that there is a law that protects
them and people who will help if they fight back.
"I am fighting for my son, for my rights, for the women of
this country, for the cause of Gabriela and other foundations and
some of the few good men left so that our children can grow up safe
in our country," she said.
Recto also said she came to Negros "not to speak to the judge,
not to beg, I came here to see what kind of face goes with that
kind of a soul" that allowed my son to be taken away from me, Recto
said.
"I hope and I pray that this judge will see the light and
give my son back to me," she said.
She charged that the Bago judge and sheriff had a close working
relationship with her former lover.
BATTERED
Recto said she came to know the father of her child because
he was her lawyer at her annulment case. Recto said they lived together
for four years but that the relationship ended in June last year
because she had been battered.
Her former lover, on the other hand, claimed that it was he
who was the battered one in the relationship.
A lot of people from Negros have been providing me with information
about my former lover to show what he is really like and I am thankful,
Recto said.
Recto denied the allegations of her former lover that she is
crazy, that she is having an affair with her bodyguard, that she
abused her 15-month-old child, and that she was a victim of incest
rape.
I did not have an affair because while I lived with my former
lover, I loved him that is why we had a child, she said.
She stressed that her battle to regain custody of her child
has the support of her family, including her brothers, Senator Ralph
Recto and Batangas Vice Governor Richard Recto.
Her former lover yesterday said he knows a lot about the Rectos,
which if he revealed, would make interesting reading for a year.
WHO ERRED?
Guanzon said their motion asks Trocino to inhibit himself
from the custody case because of his impartiality, gross ignorance
of the law and malice.
She said Trocino violated the rule on custody and the Anti-Violence
Against Women and their Children law.
Guanzon said if the judge denies their motion for inhibition
they will file a motion for reconsideration and if they still will
not get a favorable decision, will go to a higher court.
"I appeal to the judge to inhibit himself because there is
no way that Ms. Recto can ever trust that he will be fair and impartial
because of what he did," Guanzon said.
Under the Family Code sole parental authority of illegitimate
children rest in the mother, she pointed out.
That is why we filed a motion to dismiss the custody claim
of the former lover, stating that he has no legal standing since
he is not the guardian of the baby, Guanzon said.
In issuing a TPO, Guanzon said the judge should have used the
rule on custody of minors, not the rule on violence against women
and children, and he should have conducted a pre-trial and asked
for a social worker's report before deciding whom the child should
be with.
That is a grave and serious error that is why Recto has filed
an administrative case against the judge in the Supreme Court, Guanzon
said.
The former lover said Guanzon is wrong in saying that he cannot
use the Anti-VAWC law and will point this out in his opposition
to the motion for inhibition.
INDIRECT CONTEMPT
As to the former lover's filing a complaint against Guanzon
for indirect contempt of court for mentioning his name through the
media, Recto's lawyer said the judge yesterday held the matter in
abeyance pending a ruling on the motion for inhibition.
Guanzon said she told the former lover to go ahead and file
the contempt motion "so we can test the law."
The former lover cited AM 04-10-11 of the Supreme Court stating
that all cases of violence against women and children should be
treated with privacy and confidentiality and whosoever publishes
or causes to publish a name of one of the parties without consent
shall be liable for contempt of court and shall suffer the penalty
of one year imprisonment and a fine of not more than P50,000.
Recto, at her press conference, said New People's Army spokesman
Ka Roger called her former lover "he who must not be named" after
the dark Lord Voldemort in the Harry Potter series.
Her former lover, when asked for his comment, told the DAILY
STAR he is thanking Ka Roger for the name, "I love it, at least
he sees me as an evil genius not an evil idiot".
SUPPORT FOR RECTO
At the press conference in Bacolod City yesterday were representatives
of Gender Watch, Gabriela-Negros and the Development for Active
Women Networking who aired their support for Recto.
Nenita Cherniguin of Gabriela Negros said her group supports
Recto in her fight for her child as it is representative of cases
of other victims of violence against women and children.
She said they must ensure that the Anti-Violence and Against
Women and Children (RA 9262) law works in favor of women and children.
Annabel Corral, DAWN project officer, said DAWN is supporting
Recto and women who stand up against violence committed against
them. She stressed the need to hasten advocacy on RA 9262 and for
local governments to take on the challenge to popularize the law.
Gabriela Negros held a picket outside the court house calling
for justice for Recto and her child, while supporters of the former
lover also held a picket calling on the judge to allow him to keep
the boy.
Security was tight when Recto arrived at the Bacolod airport and
police escorts were provided for her during her stay in Negros yesterday.
*CPG
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