Judge Herminigildo Octaviano of the Municipal Trial Court in Cities in Bago City has ordered Marie Roxanne "Plinky" Recto to appear before his court on Monday.

Recto was set for arraignment yesterday for a complaint involving slight physical injuries filed against her by her former boyfriend, a Negrense, but did not appear because she is sick, her lawyer Rowena Guanzon said.

Guanzon has filed a petition before the Supreme Court for transfer of venue of the case from Bago to Bacolod City.

The former lover said the judge, however, ordered Recto to appear Monday for an arraignment. Octaviano said the hearing of the case will be held before his sala until an order from the Supreme Court comes out, the former boyfriend said.

He said he would seek a bench warrant for Recto's arrest if she fails to appear in court Monday.

The former boyfriend said in his affidavit that the incident occurred on Jan. 18, 2006 while he was attending the hearing of the civil case he filed against Recto before the Bago City Regional Trial Court for damages and custody of their 15-month-old son.

He said that, while Recto was cuddling their son, he was standing directly behind her and she unexpectedly back-kicked him hitting his left shin with her square heeled leather boot.

Guanzon, Recto's lawyer, said the former boyfriend hugged her client from the back, an act "which was unwanted" and she defended herself.*CPG

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