Plinky Recto case: Judge is biased
VISAYAN DAILY STAR
Bacolod City, Philippines Thursday, January 5, 2006
Bago judge questioned
on order in Recto case
The lawyers of Marie Roxanne (Plinky) Recto filed yesterday a Manifestation with the Regional Trial Court of Mandaluyong, informing the court of the Temporary Protection Order issued by Bago RTC Judge Henry Trocino, Rowena Guanzon of the Gender Watch Coalition said.
Trocino’s order was used by Recto’s live-in partner in taking her 15-month-old illegitimate son with him from her home at the Wack-Wack Heights Condominium in Mandaluyong City, she said.
At the RTC in Mandaluyong City, Recto has a pending petition for Temporary and Permanent Protection Order against her former live-in partner, lawyer Magdaleno Peņa, who is from Brgy. Ubay, Pulupandan, Guanzon said.
“While the Motion for Renewal of the TPO filed by Ms. Recto’s lawyers was pending in the RTC of Mandaluyong - and the existence of this pending case was known to Judge Henry Trocino - he used the Temporary Protection Order under Republic Act No. 9262 so he could issue an order giving temporary custody of the 15-month-old boy to Magdaleno Peņa, ex parte, without giving Ms. Recto the opportunity to file an answer, a pre-trial, and without a case study by a social worker,” Guanzon said.
“Since the petition is for custody, the Rule on Custody should have been followed by the judge, and not the Rule on Anti-Violence Against Women and their Children,” she said.
“We question the obvious bias of the judge in favor of Mr. Peņa, as well his erroneous application of Republic Act No. 9262. A judge cannot lawfully issue a TPO in favor of a man, because only women and their children are protected by the Anti-Violence Against Women and their Children Act of 2004,” she said.
“Even if the Petitioner, Magdaleno Peņa, alleges child abuse and claims that he represents his illegitimate son, the TPO is still not the proper remedy. What makes the error more glaring is that there was a TPO issued by the RTC of Mandaluyong in favor of Ms. Recto, except that a Motion for Renewal of the TPO was pending when Peņa filed the Petition for Custody in Bago City. Put simply, a man who is a respondent in a Petition for Temporary and Permanent Protection Order in one court cannot lawfully be given a TPO in his favor by another court. No two TPOs can be issued to the same parties,” Guanzon said.
“The manner by which the Sheriff of Bago, together with policemen from the CIDG in Pasig, took the child traumatized not only the boy but also his 10-year-old step-brother, who witnessed the event, locked himself in a room, and called his mother’s assistant saying, ‘They took him’,” Guanzon added.
“The participation of the CIDG policemen in serving the Order together with the Sheriff of Bago were specified by Judge Trocino in his ‘TPO,’ which raises more questions on the impartiality of the judge, because his order should have been served by the Sheriff of the RTC of Mandaluyong City,” Guanzon said.
The judge even ordered that Recto put up a bond of P1 million, she added.
“This is also a clear case of forum-shopping because the issue of custody is also being litigated in RTC Mandaluyong, and the parties are the same,” she said.*
UPDATE:
We filed an administrative case against Judge Henry Trocino of RTC Bago City on Jan 9, 206 for gross ignorance of the law, bad faith, malice, gender discrimination, and violation of the New Code of Judicial Conduct for judges.
On Jan 11,2006, we filed a Motion to Inhibit the Presiding Judge, to stop Trocino from hearing this case. A copy was also filed with the office of Deputy Court Administrator Z. Elepanio.
We are filing a Petition for Habeas Corpus on Jan 12, 2006
On Jan. 13,2006, Magdaleno Pena called me to say, in a rather apologetic way, that he will file a motion to have the court cite me in contempt. He cites the Rule on Violence Against Women and their Children which says that names of “parties” cannot be disclosed. Go ahead, I said. It will be good to test the law, because Sec. 44 of RA No. 9262 states that confidentiality applies only to victims and their immediate family. And victim, surely Voldemort is not.
Another thing. He cannot use the Rule on VAWC to have me cited in contempt of court, because it does not apply in his Petition for Custody in RTC Bago City.
—————-
update: on Jan 30, 2006, we received an Order of Judge H. Trocino inhibiting himself from the case. Before this, the COurt of Appeals in Cebu City issued an Order to the RTC of Bago City to stop the proceedings in the custody case filed by Voldemort for 60 days.
January 9th, 2006 19:07
A lot of times have we used indifference to get off the issues that not only augment the perplexities we face everyday but also blur our lucid views, yet however we try to remain unaffected with such controversies and issues, there are really ones we just can’t leave unopined especially if it is something apparently relative to what is fought for as regards equality, rights and justice.
The case of Plinky vs. her former live-in partner, Atty. M.Pena, may no longer be as surprising as it should have, considering the revelations of women living in marital and pre-marital battery which have sprung like mushrooms since the implementation of R.A. 9262 or otherwise known as the Anti violence against women and their children, yet it definitely gave the year 2006 a big-bang prelude especially in showbiz and judiciary. What might have been just a typical case of RA9262 have now sprouted to other follow-up cases, child custody, and another RA9262 which this time, was filed by the respondent in behalf of the child who is now in his temporary custody pending the petition for Permanent protection order(PPO) which is preceded by the ex-parte presentation of evidence granting the child through his father, a t emporary protection order(TPO). Absolute custody of the illigitimate should be with the mother but with the filed case in bago in spite of the pending cases in manila, things turned out otherwise. Smart move? NO. Forum shopping is never a smart clever move rather a desperate move of someone who can no longer find any legal way out. These are all thoroughly predictable. He’s got the money, he’s got the power; hence, he’s got things manipulated or maneuvered in his favor. Who can test the limits of laws well but lawyers themselves but the question is how lawyers play it or fathom its depth.
Laws are penned for revelations of truth and not the other way around.
In light of all this, I believe that what is fought here is not only for Plinky’s justice but for all those battered/abused women who cannot fight for themselves. However complicated this might have become, I believe that, with due course, truth will definitely come out.
January 11th, 2006 13:29
atty.
can you file motion for reconsideration or certiorari re: the tpo of pena which was granted by the bago judge? am just curious although i believe that a tpo cannot be appealed.
what is a demurrer to evidence? can it be filed as well?
January 12th, 2006 05:57
we have filed a Motion to Inhibit Judge Henry Trocino of the Regional Trial Court of Bago City for gross ignorance of the law, partiality in favor of Pena, and violation of the Supreme COurt circulars on the RUle of Custody and the RUle on Violence Against WOmen and their Children
will post it here in “articles and papers.” please download and circulate. we have to stop judges like Trocino.
January 23rd, 2006 18:47
maam, the CA has issued a TRO in re the petition for habeas corpus your camp filed. the hearing is set on the 26th. one question, what’s the TRO for?
January 23rd, 2006 21:59
I didnt know that a TRO has been issued, but yes, a hearing is set in the court of appeals in cebu on the 26th.
a TRO is meant to stop the RTC of Bago City from further hearing this case . but i do not knos if a TRO has been issued. where did you hear this?
January 27th, 2006 08:09
on 26 jan the child was brought to the Court of Appeals in Cebu. A stay away order was issued against Voldemort, the ex boyfriend of Plinky. the child stays with him while the petition for certiorari is pending. we wait for about 20 days. please help us pray that Plinky gets her child back soon.
January 30th, 2006 11:01
hi!
petition for certiorari? I heard the latter can only be filed in court of appeals to contend DECIDED CASES. Is that true?
am just wondering when will the next trial in Bago City be? IS it held in abeyance pending your petition for certiorari?
February 10th, 2006 23:10
I am a victim of RA 1962 from false accusation from my wife which was landed at the RTC juge branch 89 of Quezon City for which the jugde was too biased in ordering a PPO without giving me a chance to fight or answer the false accusation my wife made.And at preent my wife is living with or cohabiting a maried policeman by name of Po2 Norberto Cadorna in my house as these policeman abandoned his wife and his 5 children from the time they occupy my house, There affair started almost 7 years before my wife filed these Ra 9262 case against me in the year 2003. Now my childrens are suffering from a shamefull situation that my wife is doing specially when it came to the knowlegde of the wife of Po2 Cadorna that by the name of Ruth Cadorna that they are living together in my house and filed a complaiint against my wife and her livin partner at our barangay were most people knows me.And at the same time my wife is abandoning my 2 child at her custudy and the otherone who is graduating from high school could not graduate because of failure in most of his academics.I couldnt do something coz I have no money at the moment and couldnt hire a good lawyer for situation. With regards to the case of Ms Plinky Recto I do believed that her accusation is not as honest as she is claiming to, i do believed too that her husband is verymuch responsible man and a good father too for his childrens. Many woman are using these RA9262 to hide thier incapabilty of being a mother were the truth is not really being told to the court and the court usually is really biased on these matter and we the man of the house are really pity on these case.
February 11th, 2006 08:45
kakoy,
sorry for the late reply. the Temporary Restraining Order is to stop the Regional Trial Court of Bago from proceeding with the petition for custody of Voldemort (he who cannot be named because he is threatening to sue everyone who will mention his name, hahaha).
The Court of Appeals in the Visayas (Cebu) has issued an Order on Jan 20,2006, suspending the proceedings in RTC Bago for 60 days or up toMarch 20.
In the meantime, we have a new judge in the RTC Mandaluyong case filed by Plinky, for Protection Order, which includes custody of her child. He is Judge Edwin Sorongon. Voldemort, in a conference with the judge, said that he is not inhibiting Judge Sorongon so we will proceed with the trial,.
Voldemort will be their next witness. I will cross -examine him
February 11th, 2006 08:47
In the petition for Certiorari in Cebu, plinky is asking the Court of Appeals to nullify all the proceedings in RTC Bago because what the judge did there - issuing a temporary protection order in favor of Voldemort which he used to take Plinky’s son– is unlawful, void, and issued with grave abuse of discretion amounting to lack of jurisdiction.
when this happens, the issue of custody will be heard only in the RTC Mandaluyong, where Plinky filed a Petition for Temporary and permanent protection order under RA 9262
February 11th, 2006 08:52
Ram,
I understand how you must be feeling. I am lawyer for a male respondent in a case under RA 9262 but fortunately, we were able to have the TPO dissolved. He is the only male client i have under 9262 because I am convinced he is not a violent man. He had referrals, people who know him and his wife and who vouched for his character.
Sometimes the law can be abused by some women, so we have to look at it on a case to case basis.
Plinky recto is not married to Voldemort, her ex live-in partner, so whatever his accusations are, they are irrelevant to the issue of custody of her 15 month old child. No child below 7 can be deprived of her or his mother, except for compelling reasons. that is the law for legitimate children. for illegitimate children, the mother has more rights to her child..
even if he says Plinky is lukaret, or promiscuous, those are not compelling reasons to deprive her of custody of her minor and illegitimate son.’
ang kaso mo syiempre iba rin.
sana you can move on with your life. time will heal all wounds. just try not to lose contact with your children para mahal ka pa rin nila. kung mabait ka sa kanila, di mamahalin ka nila. di ba?
May 7th, 2006 15:38
I admire u, hope some people like ur profession
can help others… more power!