Pulupandan Mayor Magdaleno Peña has filed a motion for contempt against his former live-in partner Marie Roxanne “Plinky” Recto and her lawyer Evalyn Ursua before the Supreme Court Third Division saying it is in the alleged interest of the life and safety of his 3-year-old son.

A copy of the motion for contempt was furnished the DAILY STAR yesterday by Peña's lawyer, Roem Arbolado.

In the motion, Peña said that Recto and Ursua, in gross and blatant disregard and violation of the legal prescription against undue publication and disclosure of the minor's identity, carelessly caused footage of the minor to be exhibited nationwide on Dec. 17, 18 and 19 through the TV Patrol and World Tonight news programs of ABS-CBN and on ANC news hosted by Ces Oreña Drilon.

Peña also said in the motion that to maintain the private and confidential nature of the proceedings affecting minors, the law provides stiff and stringent penalties for violation.

He said that with respect to violation of Republic Act 9262 (Anti-Violence Against Women and Their Children Act of 2004) it is penalized under Section 44 by imprisonment of one year and a fine of not more than P500,000, and for violation of Republic Act 7610 (Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act) it is punishable by six to eight years imprisonment.

Peña said he took extra efforts and the highest degree of care to insure that his son's identity is never divulged much more publicized, due to the serious threats and imminent danger posed by the Communist Party of the Philippines – New People's Army to kidnap his son.

He added that the motion for contempt is being filed without prejudice to his right to file the corresponding criminal charges against Recto and Ursua as may be warranted.

On Dec. 3, the Supreme Court Third Division ordered the National Bureau of Investigation to get the boy from Peña and turn him over to his mother, Recto, pending the hearing of his custody case.

The NBI has been unable to find the child who remains with Peña.

On Dec. 27, Recto also filed an urgent omnibus motion before the SC seeking, among others, the issuance of a warrant of arrest for Peña for his failure to return her 3-year-old son to her despite an earlier SC order.

The motion also asks the SC to exercise motu proprio its contempt power, and to issue a hold-departure order against Peña and the boy.

Another resolution directing the Philippine National Police and the National Bureau of Investigation to enforce its Dec. 3 resolution for the turnover of the child to Recto, is also being sought, Ursua told the DAILY STAR.

The SC has yet to act on the motions of both Recto and Peña.*CPG

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