The Court of Appeals in Cebu City has issued a 60-day temporary restraining order stopping Bago Regional Trial Court Judge Henry Trocino from hearing a custody case filed by the former Negrense boyfriend of fitness expert Marie Roxanne "Plinky" Recto against her, lawyer Viriato Dupaya said yesterday.

The CA yesterday also issued an order preventing the former boyfriend from going within 200 meters of Recto, Dupaya, who is her lawyer, said.

"I don't care even if it were a thousand miles, what is important is that the CA allowed my son to continue to stay with me in his ancestral home in Barangay Ubay, Pontevedra, which he owns, so I can raise him to be a farmer and a lawyer, that's all that matters to me," the former lover said yesterday.

The 200 meter-order will actually work against Recto because it will keep her away from their 15-month-old son, the former lover said, pointing out that he had told her that she can always visit the child in Ubay.

The former lover said when he arrived at the Court of Appeals in Cebu he handed his son to Recto so the could play with him. CA Associate Justice Abaritos said the boy seems to be in good health and in good hands so he can continue to stay in Ubay, the former boyfriend said.

Recto's going to the CA has given him grounds to cite forum shopping in seeking the dismissal of her main case against him for custody of their child before the Mandaluyong RTC where she is asking for P3 million up front and P300,000 in monthly support, he added.

Dupaya, on the other hand, said he had filed a petition for habeas corpus, injunction and certiorari with prayer for a TRO before the CA against Trocino and the former lover as gross violation of the rule on forum shopping had been committed.

Dupaya said Recto already had a pending case against her former lover before the Mandaluyong Regional Trial Court for custody of her 15-month-old son, when he filed a similar case against her for the same child before the Bago RTC.

Trocino then issued a Temporary Protection Order in favor of the former lover that allowed him to take custody of the child on Jan. 3.

After a hearing yesterday the CA restrained the Bago court from proceeding with the case filed by the former lover for 60 days while it resolves the issues raised in Recto's bid for custody of her child and the propriety of Trocino's issuing a TPO, Dupaya said.

The former boyfriend has been given 10 days to file his comment on the petition for habeas corpus, injunction and certiorari after which the camp of Recto will have five days to reply before the CA rules, he said.

Dupaya also said Recto has filed an administrative complaint against Bago Sheriff Allan Sillador for service of the TPO that allowed her former lover to gain custody of the child outside his jurisdiction without coordinating with the sheriff of Mandaluyong RTC.

The former lover's name has been withheld by the media because he has cited AM 04-10-11 of the Supreme Court which grants him the right to privacy, he said, pointing out that that mention of his name is punishable by imprisonment of one year and a fine of P500,000. *CPG

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