A Mandaluyong City Regional Trial Court judge is asking the Supreme Court to dismiss a complaint filed against her for gross and serious misconduct, violation of the Anti Violence Against Women and their Children Act, and the Code of Judicial Conduct, by fitness expert Marie Roxanne "Plinky" Recto.

Judge Adelaida Crisostomo-Reyes, in her comment on the charges lodged against her, also filed counter charges and damages against Recto and her lawyers Viriato Dupaya, Gauttier Dupaya and Rowena Vilwayco. Dupaya told the DAILY STAR last night that they would file their comments on the claims of Reyes if required by the SC. We are convinced of the merits of the complaints we filed against her, he said.

Reyes said that on July 12, 2005, Recto filed a petition for a temporary and permanent protection order under the Anti-Violence against Women and their Children Act of 2004 against her former lawyer-boyfriend from Negros Occidental. The case was assigned to Reyes. Recto had sought a court protection order alleging that her former boyfriend had beaten her.

On July 13, 2005 a TPO was issued by Mandaluyong Judge Romeo Barza in favor of Recto.

On Nov. 11, 2005, Recto filed an ex-parte motion for extension/renewal of the TPO. However, since the old TP0 was to expire on Nov. 27,2006 yet, Reyes said she did not take any premature action.

The allegation that she exhibited bad faith, vindictiveness and malice when she allegedly deliberately did not renew the TPO is "baseless and malicious," the judge said.

Reyes said she had heard evidence presented by Recto and the former boyfriend and she preferred to exercise her discretion not to act prematurely on the TPO.

The judge cited the testimony of Nancy Montalban, midwife of Recto's son, who told the court that the former boyfriend had pushed the fitness expert because she was attacking him.

Recto also testified that she had rushed at her boyfriend while he had his back to her to get her phone and that he had restrained her with a chair, the judge added.

As to the alleged injuries sustained by Recto, Reyes said the fitness expert's doctor admitted that she had injuries in the neck at C-5-C-6 level that are chronic in nature and already existed before the alleged mauling by her former boyfriend.

On. Nov. 14, Recto, through counsel, filed a motion for inhibition and Reyes said she inhibited herself to erase any doubts of partiality.

Reyes said the complaint filed by Recto against her was "utterly devoid of factual and legal basis. It is so frivolous, calculated merely to harass, annoy and case a groundless aspersion on her integrity and reputation, which has never been questioned in her 35 years in the Court of Appeals and five years in the Regional Trial Court.

The judge said it was Recto and her lawyers through their brother-in-law, PO3 Ruperto Martin Sazon, who tried to talk to the court sheriff to pave the way for her to issue a permanent protection order.

Recto also tried to exert pressure on the court when her brother, Senator Ralph Recto, called the court on Nov. 25, 2005 and talked to the branch clerk of court and requested her to inform the judge that he is "highly requesting" her to extend or renew the TPO, Reyes said.

Reyes denied Recto's allegation that she exhibited extreme bias in favor of the former boyfriend and had unduly influenced her without the assistance of counsel to come to a compromise.

The administrative case filed by Recto against her is a "harassment case" to retaliate for her failure to get a new TPO not only from her but also from four other courts where the case was consecutively re-raffled, Reyes said.

A copy of the comment of Reyes filed with the SC Court administrator on March 8 was furnished the DAILY STAR by Recto's former boyfriend.

The former boyfriend yesterday said he will also be filing civil and criminal charges against Recto and her lawyers, and seek the disbarment of the lawyers.

Dupaya said he wondered how the former boyfriend got a copy of Reyes' comment filed before the SC on the administrative complaint since he is not a party to it.

Meanwhile, Recto's lawyer Rowena Guanzon in a text message sent to the DAILY STAR, said the Bago Municipal Trial Court and Cities judge, Herminigildo Octaviano, has suspended arraignment and all other proceedings in a complaint filed by Recto's former boyfriend against her for slight physical injuries so as not to preempt an SC resolution.

Guanzon has asked the SC to order the transfer of the venue of the case from Bago to Bacolod City.*CPG

back to top