Contrary to his claim, Pulupandan Mayor Magdaleno Peña and his 3-year-old son have not left the country and the Bureau of Immigration has certified this, lawyer Evalyn Ursua said yesterday.

Ursua, counsel of movie actress and television host Marie Roxanne “Plinky” Recto, told the DAILY STAR that the Bureau of Immigration said that its last record of Peña leaving the country was in 2002 yet.

The Supreme Court Third Division has ordered Peña to return the boy to Recto, his mother, pending appeal. The former lovers have been locked in a lengthy custody battle for the 3-year-old.

Under Article 176 of the Family Code illegitimate children should be under the sole custody of their mother, the SC said.

The Bureau has no records showing that Peña and the boy have left the country from Jan. 1 to Dec. 18, 2007 , Ursua said.

When the National Bureau of Investigation searched the house of Peña in Barangay Ubay, Pulupandan, for the second time on Thursday, to look for the boy, Peña in a telephone interview, told the media he and his son were out of the country.

Ursua said the 10 days time given to the NBI to find the boy lapses today and if they fail to find him, she will file a motion before the SC asking that a warrant of arrest be issued against Peña.

We will also ask the SC to issue a hold departure order to prevent Peña and the boy from leaving the country and to exercise its contempt powers because, as a lawyer, Peña is clearly defying the law, she said.

The order for Peña to turn over the child to Recto states that it is immediately executory, it can no longer be subjected to a motion for reconsideration he claims, Ursua said.

The conflicting statements of Peña on his and the child's whereabouts appear to be meant to mislead, she said.

“We believe he is still in the country and he is either very good in hiding, or the NBI is not doing its job,” she said.

His house in Pulupandan is the last place he would be in, she said.

“I do not believe the NBI cannot locate him. If they cannot, they are admitting that he is more clever than them,” Ursua said.

“After they searched Peña's house in Pulupandan I want to know what they are doing now to find the child,” she said.

She said that what Peña is doing is clearly illegal and he has a lot of explaining to do before the Supreme Court.

NBI Bacolod chief Mamerto Cortez yesterday also said he strongly believes Peña and his 3-year-old son have not left the country, contrary to his claim, which, he said, was self serving.

Cortez said he does not believe Peña is in Negros but could be in some other part of the country where he owns property.

Peña could not be reached for comment as of press time.*CPG

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