A Mandaluyong City judge has denied the petition of fitness guro Marie Roxanne “Plinky” Recto for a permanent protection order from her former lover, Pulupandan Mayor Magdaleno Peña.

Regional Trial Court Judge Edwin Sorongon in his 17-page resolution dated July 12, a copy of which was furnished the DAILY STAR by Peña yesterday, said “this court believes that the application for the issuance of permanent protection order is not meritorious there being no clear showing that the act from which the order might arise did actually exist.”

The judge ruled that the medical findings of Dr. Teresita Sanchez did not fully support the declarations of Recto that Peña “mauled, twisted her arms and rode on her back and held her head upward, slapped her several times and banged her head three to four times on the hard floor of their house.”

Recto’s statement as to the manner she was manhandled by Peña “contradicted or collided” with the findings of her attending physician, Sanchez, Sorongon said.

“All these seriously cast doubt on her version of the story on the evening of June 29, 2005. Thus further adding credence to the assertion of the respondent (Peña) and his witnesses that he had not hurt the petitioner as he was just restraining her from doing further harm to him,” the judge said.

The court noted that witness Romeo Camposano, a former driver of Recto, testified that she told him that upon instruction of her lawyer she should wear a neck brace to impress upon the court that she was really hurt.

And Recto admitted that Peña is not a danger or threat to her in court, Sorongon said.

Peña told the court that the neck and back injuries Recto had were sustained by her several years back and not on June 29, 2005.

Sorongon noted that Recto had not sought the extension or renewal of a Temporary Protection Order the court issued to her on Oct. 19,2006, that he said “was a clear in indication that petitioner is not exposed to harm, danger and threats from the respondent.”

Recto on July 12, 2005 filed a petition for temporary or permanent protection order under the Anti-Violence Against Women and Their Children Act against Peña.

She told the court that that while they lived together Peña subjected her to constant emotional, verbal and psychological abuse which got worse and unbearable during the last two years that they lived together.

She told the court that in the evening of June 29, 2005 Peña assaulted her in front of their house helpers, and the following morning he acted as if nothing had happened and forced her to sign a document waving her rights over their son.

She also said a medico legal report shows that she had contusions, hematoma, swelling and tenderness in the various of her body. The Magnetic Resource Imaging results also show that she suffered C5-C6 disc protrusion toward chord that had a numbing effect that requires her to take painkillers three times a day and a C6-C7 disc bulge, Recto said.

Recto also told the court that she received text messages and telephone calls from Peña respondent threatening her life and those who will come to her aid, including her immediate family and household members.

By virtue of then Bago RTC Judge Henry Trocino, Peña has taken custody of their son. Both continue to be locked in a legal battle for his custody.

A Supreme Court ruling is still being awaited on whether the venue for the custody battle should be before the Bago or the Mandaluyong RTC, Peña said.

Recto’s lawyer could not be reached for comment on the Sorongon ruling. The DAILY STAR was told her lead counsel Viriato Dupaya had died.

Recto, in an interview over ABS-CBN, said she was not given justice and would continue to fight to regain custody of her son.* CPG

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