Plinky Recto’s case: who is that man?

People have been asking me why the name of the respondent in the case filed by my client Plinky Recto is never mentioned. So I mentioned his name in a radio program of Karen Davila on Jan. 4. The respondent in the Petition for Temporary and Permanent Protection Order filed by Plinky in the Regional Trial Court of Mandaluyong is her former live-in partner, lawyer Magdaleno Pena.

Under Section 44 of Republic Act No. 9262, the Anti-Violence Against Women and their Children Act of 2004, it is unlawful to publish the name of the VICTIM or her immediate family, not the respondent’s name. The man is not married to Plinky, and their 15 month old child is illegitimate. Therefore, by law, Plinky has sole parental authority and custody over the child (Aticle 176 of the Family Code).

But here is a caveat - the Rule on Violence Against Women and their Children (rule of procedure for RA 9262 cases) provides that the confidentiality rule covers “parties,” meaning, including respondents or ang nahahabla. kung type talaga ng respondent, ipa contempt nya kayo, but the law is on your side.

I entered my Appearance as co-counsel for Plinky Recto in RTC Mandaluyong on 19 December 2005. She has other lawyers, who prepared her Petition. It is now the turn Pena to take the stand, but the judge inhibited himself last January 6, 2006. This will delay the renewal of our Temporary Protection Order.

Using a so-called “Temporary Protection Order” of the Regional Trial Court of Bago City giving him custody of their 15 -month old illegitimate son, M.Pena was able to take Plinky’s son while she was not in her condominium. We are filing an administrative case against Judge Henry Trocino and the sheriff, and a Petition for Habeas Corpus in the Court of Appeals.

I am counsel also in her criminal cases filed against Pena, for serious physical injuries and violation of Republic Act No. 9262. The case is pending with the Department of Justice.

For a copy of our Motion to Inhibit the Presiding Judge, go to articles and papers

will update this blog in the following days.

Watch Plinky in Star Talk, sat 230 pm GMA7.

This entry was posted on Thursday, January 5th, 2006 at 6:02 am and is filed under Gender and Law. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.