The case of fitness expert Marie Roxanne "Plinky" Recto suffered another set back with a fourth Regional Trial Court judge of Mandaluyong City inhibiting this week from handling the case she filed against her former Negrense lover for violation of the Anti Violence Against Women and their Children Act.

Recto is also seeking a Temporary Protection Order to ensure custody of her 15-year-old child.

"Plinky's case against me is in limbo," Recto's former lover said yesterday. Judge Rizalina Capco-Umali said she is competent and impartial but was inhibiting herself to avoid any doubts because her two brothers, who are politicians, are friends of Mandaluyong Mayor Neptali Gonzales II, Recto's lawyer Rowena Guanzon said yesterday.

Guanzon said the former lover has alleged that Gonzales is trying to influence the case in Recto's favor.

The former lover yesterday said he is filing a case for slight physical injuries against Recto for her kicking him in the left shin while at the Bago City Regional Trial Court on Wednesday.

He said he has a medical certificate that his shin was injured.

"I will file the case in Bago so she can visit me and my son more often," he said.

The former boyfriend said he is also filing a complaint before the Department of Justice against Recto for giving false testimony on three counts.

Recto was in Bago City Wednesday for the hearing of her motion for Judge Henry Trocino to inhibit himself from hearing the case filed by her former lover for custody of their 15-month-old child.

Trocino had issued a TPO that allowed the former lover to take the child away from Recto on Jan. 3.

Recto, who filed an administrative case against the judge, is asking that he inhibit himself from hearing her former lover's case because his issuance of a TPO was done in "bad faith, malice, glaring partiality, in gross ignorance of the law, and blatantly violated the Rule on Custody and the Rule on Violence Against Women and their Children." The former lover said Recto's lawyers also filed a petition for habeas corpus and certiorari with temporary restraining order against him and Trocino before the Court of Appeals in Cebu.

The former lover said he will hold his ground on his right to custody of his son and fight all legal steps taken against him by Recto.

"I am doing this because I am also fighting for men's rights over their beloved children," he said.

HAPPY ENDING?

However, he said he is really looking for a happy ending to the custody battle for his son.

He said his message to Recto is: "It's okay, our boy and I will always be there for you."

Guanzon, however, said the more the former lover "harasses" Recto with law suits, "reconciliation will be more and more remote." "I though he wants a happy ending to all this," she said.

The former lover said Recto gave him the right to custody of their son in a document in her own handwriting.

However, Guanzon said "he made her sign it under duress, it is void and contrary to law."

Guanzon said she hopes the executive judge of the Mandaluyong RTC raffles off the case of Recto against her former lover to another judge soon to step up the trial and so her motion for renewal of a TPO can be acted on.

The spirit of RA 9262 is to give a woman immediate relief through a TPO, Guanzon said.

'DELAY HURTING PLINKY'

"The delay in the case is hurting Plinky because Voldemort is now free to harass her without legal restraint," Guanzon said.

Recto, at a press conference in Bacolod Wednesday , 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.

"For example Ms. Recto felt harassed in court when Voldemort hugged her tightly from the back while she was carrying her baby so to protect herself she kicked him in the shin and he released her," Guanzon said.

"He thinks it was cute, it was not," said Guazon, adding that this was done in her presence, lawyer May Reyes, the OIC clerk of court of the Bago RTC and a policeman.

"The other thing that Ms. Recto is now worried about is without a TPO Voldemort is calling her Pilates gym and telling her assistant to tell her to sleep in Ubay so their child will have another sibling," Guanzon said.

As to the former lover's plan to file charges for false testimony, Guanzon said we will face those charges when we see them.

The former lover's name has been withheld by the media because he has 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.

It also states that whoever 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, he said.*CPG

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