Daily Star logoTop Stories
Bacolod City, Philippines Thursday, January 19, 2006
Front Page
Negros Oriental
Star Business
Opinion
Sports
Police Beat
Star Life
People & Events
 
Plinky gets to hug child
but custody fight still on
FORMER LOVER
OPPOSING BID TO INHIBIT JUDGE

BY
CARLA GOMEZ

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

back to top

Google
 
Web www.visayandailystar.com
Top Stories
Plinky gets to hug child but custody fight still on
Cops arrest suspected bag snatcher
'All NEA recommended sanctions should be imposed by VRESCO'
Ombudsman recommends raps vs. Bago policewomanS
Baciwa pushes for spring injunction
Health board needed to curb STD rise: DOH
Balikatan-like exercises to start in Negros
VM bats for Pacquiao
5-year-old boy needs help