The Court of Appeals in Cebu has denied a motion for reconsideration filed by Negrense Magdaleno Peña to its decision annulling the temporary protection order granted to him and ordering him to return his 2-year-old son to his mother, Marie Roxanne "Plinky" Recto, her lead counsel Rowena Guanzon said yesterday.

The CA, in denying the motion for reconsideration, said it found no compelling reason to reverse its decision, Guanzon added. The CA had earlier ruled that Bago Judge Henry Trocino gravely abused his discretion when he issued a TPO awarding the temporary custody of the child to Peña.

Due deference to the Mandaluyong RTC where Recto has a pending case against Peña should have been given by Trocino, the CA said.

The issue on the custody of the child should be resolved by the Mandaluyong RTC as its proper forum, the CA had ruled.

However, in view of the nullity of the Dec. 23 TPO the child should be returned to the temporary custody of his mother pending the resolution by the Mandaluyong RTC of the issue as to who between the disputing parents will have permanent custody, the CA has also ruled.*CPG

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