Updates on the Plinky Recto case
Bacground:
Marie Roxanne “Plinky” Recto filed a Petition for Temporary and Permanent PRotection ORder (TPO/PPO) under Republic Act No. 9262 (Anti-Violence Against Women and their Children Act of 2004 or Anti-VAWC Act) in the Family Court of Mandaluyong City against her former partner, lawyer MP. They have a 15-month old illegitimate son.
A TPO was issued and renewed 3 times. When the Judge tried to influence Plinky to reconcile with her ex for the sake of their child, her lawyers inhibited the judge. The TPO lapsed in the meantime that the case was being raffled to another judge. The next judge was inhibited by MP. As of Jan 15, 2006, the case has not yet been raffled to another judge.
Atty. Rowena Guanzon entered her Appearance as co-counsel for Plinky Recto. In court, after the hearing, MP asked Atty. Guanzon if he could have visitation rights because Christmas season was approaching. On Dec. 20,2005 he filed a Petition for Custody with a prayer for ‘Temporary Protection Order” in his hometown, in the Regional Trial Court of Bago City. On Dec. 23, 2005, Judge Henry Trocino of RTC Bago City issued a “TPO” ex parte (without an Answer by Plinky and a hearing). MP used this to enter the condominium of Plinky while she was away, and with the help of men from Criminal Investigation and Detection Group, Pasig City, took the child.
On Jan. 9, 2006 Plinky Recto filed an administrative case against Judge H. Trocino in the Supreme Court.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. Aside from this administrative case, there are two other administrative cases pending against Judge Trocino in the Supreme Court. And administrative and criminal case against the Sheriff of Bago, for exercising his power outside of his jurisiction (Mandaluyong) was later filed.
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.
A hearing on the Motion to Inhibit the judge is set on Jan. 18. MP was ordered to bring the child to the court in Bago City.
On Jan 18, MP didnt bring the child to court and reasoned that he is sick with accute bronchitis. We argued that if the child is sick of a serious illness, he should be hospitalized so that Plinky could visit him in the hospital. The Judge agreed with us. MP then volunteered to bring the child to court. Plinky had an hour and a half with her son, but when the time came for her to go, it was a very sad occasion.
We filed a Petition for Habeas Corpus, Certiorari and Injuction in the Court of Appeals in Cebu. The Court of Appeals issued a Resolution ordering the RTC of Bago City to suspend its proceedings for 60 days.
on 26 Jan 2006, MP, otherwise known as Voldemort (per suggestion of Ka Roger Rosal in his text to Pinky Webb in DZMM) brought the child to the Court of Appeals in Cebu. We have filed a Petition for Habeas Corpus and Certiorari. We got a STAY AWAY ORDER for Plinky, ordering Voldemort to stay away and not approach her directy or indirectly from a distance of 200 meters.
Plinky delivered an impassioned plea before the Justices, but they ruled that pending the resolution of the Certiorari, the child stays with Voldemort. Plinky refuses to visit the child in the residence of Voldemort in Barangay Ubay, Pulupandan, Negros Occidental.
Plinky believes that he is using the baby to control her, as a pawn so she would contact him and go back to him. But she is determined to get her baby back. Voldemort has ten days to file a comment to the Petition for Certioari. Then Plinky’s lawyers have 5 days to reply, after which the Petition is submitted for resolution. In the meantime, the Petition for Temporary and Permanenet Protection Order of Plinky, which includes the issue of custody, is now with the Executive Judge of the Regional Trial Court of Mandaluyong City.
On January 30, 2006, we received a copy of the Order of RTC Bago City Judge Henry Trocino inhibiting himself.
On January 31, 2006, Plinky Recto filed an administrative case against the Sheriff of RTC Bago City. A disbarment complaint was also filed against Voldemort.
A disbarment complaint was filed against MP. A disbarment complaint was also filed against his co-counsel in RTC Mandaluyong for breach of ethical duty and conflict of interest.
The lawyers of Plinky are now doing Pilates.
update: January 15, 2007
The Court of Appeals (Cebu City) rendered a Decision dismissing the “Temporary Protection Order” issued by the Regional Trial Court of Bago City in favor of Magdaleno Pena. The “TPO” granted temporary custody of Plinky Recto’s 2 year old son to her former live-in boyfriend Atty. Magdaleno Pena . The Court of Appeals also ruled that the issue of custody should be heard not in RTC Bago City but in the Regional Trial Court of mandaluyong City, where Plinky Recto filed a Petition for Temporary and Permanent Protection Order under Republic Act No. 9262.
M. Pena filed a Motion for Reconsideration in the Court of Appeals, which is still pending.
The case for Direct Assault filed by M. Pena against Plinky has been dismissed by the Department of Justice Regional state Prosecutor in Region 6 and the prosecutor in Bago City has filed a Motion to withdraw the Information for Direct Assault and Slight Physical Injuries. Last year, Plinky was served a warrant of arrest for Direct Assault without having been given an opportunity to file a reconsideration of the Resolution of the Assistant City Prosecutor of Bago City, who filed the Information in court on the same day that he issued the Resolution finding probable cause to charge Plinky with Direct Assault for kicking M. Pena on the shin. (He grabbed her from behind with lewd design, that’s why)
January 16th, 2006 08:30
What if the judge will not inhibit himself? it is stiil in his discretion, isn’t it? I heard most judges who are being inhibited to file particular cases, do inhibit themselves out of ‘delicadeza’. What if the judge here doesn’t have one?
What are the grounds for inhibitions, atty.. If I may ask?
January 16th, 2006 11:52
( i meanT)…inhibited to HEAR particular cases
January 20th, 2006 12:03
the motion to inhibit Judge Trocino of Bago City RTC is in “articles and paper.”
if he does not inhibit himself, we file a motion for reconsideration, then appeal it to the Court of Appeals.
mahiya naman siya…
nakakahiya. to borrow from a woman lawyer in bacolod, he is a disgrace to the legal and judicial profession
January 21st, 2006 12:32
Who’s MP? Or M. Pena? The media people are being so discreet about the man’s identity huh. They wouldn’t even flash his damn face on T.V (even the pictures eh)… Well for what reason? I’ve seen heaps of prominent people (business tycoons and public figures) involved in much bigger controversies and their names and faces were shown to public.
Is he that powerful?
January 21st, 2006 16:43
They are not mentioning his name because he threatened that if they do they will sue them. But Ces Drilon mentioned his name, and karen davila also.
I mentioned his name in the Visayan daily star in bacolod and he filed a motion in court to cite me in contempt of court.
SEc. 44 of Republic Act 9262, Anti -Violence Against Women and their Children Act, states that only the identity of the victims and their immediate family is confidential. However, the Supreme Court Rule says that the names of the “parties” to the case are to be kept confidential.
January 25th, 2006 04:57
Kudos to you Bing, for informing the public on various issues. If I had a male client, I would avail of RA9262 out of equity, using the equal protection of the law or else where do men who want relief go? Are you saying we have to amend this law to allow men the same relief?
January 25th, 2006 07:09
Adrian,
go to Articles and Papers and read Answer in Plinky Recto case. I can predict you will lawyer for a man, but for educational purposes, I posted this here so you and other good men can read it.
why dont you organize a roundtable discussion on why men are not protected under RA 9262. go to a funder, propose it, and lets discuss
January 26th, 2006 17:17
More power to you Atty. Guanzon for taking the cudgels for battered women.
Tell Plinky to keep on fighting. We support both of you.
January 27th, 2006 22:15
thanks Marie. Plinky gets stronger when she received your encouragement and support. she is very principled, and a true granddaughter of Claro M. Recto.
i will tell her you sent a note.
email her at me@plinkyrecto.com
or send it to me rowena.guanzon@gmail.com and will fax it to her.
January 28th, 2006 15:35
Hi Atty Bing Guanzon.
Im grateful that Miss Plinky Recto forwarded my email to you. I’m one of the many of battered women in this country and im hoping that our lawmakers will have time to review the R.A. 9262 and make it a major offense so that the abusers will have to learn their lessons in JAIL- a NO BAIL crime, so that the victims of violence (women and their children) will have REAL JUSTICE.and I think in this way, we can teach the abusive men and stop the abusers, abusers in the making effectively.
January 28th, 2006 15:54
.. and also i’m appealing that inlaws or anybody else who also hurt or maltreated women and their children will also be held liable under R.A. 9262….
January 29th, 2006 16:27
angelica,
you may write Cong. Josefina Joson, Chairperson of the Committee on Women in the House of Representatives, and Sen. Jamby Madrigal, Chairperson of the Committee on Women and Family in the Senate.
January 29th, 2006 22:45
Good day Atty Guanzon.
Thank you for the information.I really appreciate all your help in this matter.
February 13th, 2006 20:28
Dear Atty. Guanzon,
A ’sister in law’ (she’s actually the sister of my brother’s wife) was a battered wife for most of the 10 years that she lived in Manila - we didn’t know of her troubles until my brother and I went on a visit to Manila for a family reunion; this ’sister in law’ said she couldn’t attend the scheduled reunion because she was quite ill so we decided to pay her a surprise visit in her home in 2001 - horror of all horrors - we found her thoroughly bruised all over and with a broken wrist.
She used to be a working mother and would have continued a career in banking if her husband, who was working for the same bank but in a different branch had not stood in the way.
From what we gathered, the husband had been taking drugs and when he was high, turned into blinding jealous rage beating my ’sister in law’ and often, till she was unconcious even as their 2 children watched while she was being battered.
Her employer asked her to quit her job 5 years into the marriage ( as asst. manager for a bank branch) because she’s been irregular in her office work and never managed to stick to a job more than a month or two after that (because absentism).
During that visit we listened to horror story of her life (she’s tried to commit suicide 3 or 4x but the husband managed to take her to the hospital to save her but this didn’t stop the him from battering her). Right then and there, arranged to put her in a safe house and contacted a lawyer recommended by someone to start legal separation proceedings.
After listening to her tales of horror, I detected that she was suffering from battered wife syndrome; in spite of her education, her good family background (hers), her middle-class social status were not sufficient enough for her to muster courage and conviction to leave the husband because she was the classic battered wife
We left the Philippines but kept constant watch over and contact with her. The husband got wind of her whereabouts (actually she was holed up in a condo with a sister of mine), perhaps because her lawyer had to give her new address.
The husband came and threatened that if she didn’t go back to him, he’d kill the two children. She panicked and went back.
Apparently, as soon as she got into the house, he beat her so bad breaking her jaw (in front of the kids) that the kid had to call the police to take her to the hospital.
My sister with whom she had been staying in Manila called me in Europe to tell us what happened.
I decided that the only way to get my poor ’sister in law’ from the clutches of the husband was to spirit her out of the country.
She’s been here since 2003.
However, her children are still with the husband. The oldest, a boy is now 14 or 15 years old and the younger one, a girl, is 13. Both manage to call their mother from time to time begging her to get them; the father has taken in a new wife and is still taking drugs (he’s lost his bank job) and the son has told his mother how his father has introduced them to x-rated movies; the daughter has tried to leave the house and tried to slash her wrist once.
Both children, from what we’ve heard, are battered children too.
My ’sister in law’ is saving money, working literally 16 to 18 hours a day to pay for a way to get her children out of the country.
We all seem to be helpless here because most of us are living abroad and there’s no one from either my side or my sister-in-law’s side who could physically help to save the children from their father’s abuse.
I want to help her but don’t know any good lawyer who’s expert in family but after reading your column, I felt a sigh of relief.
I would like to encourage my sister-in-law to trust lawyers again (after her initial experience, she became wary of lawyers) and would appreciate it greatly if you could give me advice on how best to approach the matter with her and perhaps, reassure her that her children could still be saved from their father even or while they are still in the Philippines.
Thank you very much.
March 16th, 2006 03:34
I know Magdaleno “Magsy” Pena and I can tell you all he is unfortunately very evil and wont mind lying cheating and bribing to get what he wants.Grabe na sila sg abogado ya nga si Roem Arbolado buying judges left and right, and if he cant buy them he blackmails them. In cahoots with his sister he even kidnapped his grandmother when she was getting sick to get a hold of her vast inheritance. He then together with his sister Vicky Pena Yulo conspired against their own mother to cheat her out of her deserved inheritance and when the grandmother died they didnt bother holding a funeral service they just wrapped her in a bedsheet and stuffed her in the cemetery kahon. Magdaleno or Magsy as known to many is suspected of having been responsible of the deaths of several people. He and his sister are completely evil and what Plinky says is the truth, Magsy used to bugbog his exwife as well. This is not fiction and anyone who knows Magsy will know that what I write here is the truth.
March 16th, 2006 22:12
sapat na gali nga tawo ang Pena nga ina. more power gid sa inyo nga kaso and godbless!
March 27th, 2006 07:38
I am a close friend of the alleged MP’s sister. I must say that I am very alarmed at the last entry in your blog. She is one generous soul, who has never refused a plea for help from old classmates or strangers. Once, when a particular classmate was diagnosed with cancer in Manila, Vicky organized a reunion in Manila for the benefit of this classmate. She went as far as buying tickets for classmates who could not afford to. There was also the time when I underwent surgery and my surgeon, as soon as he found out about my friendship with Vicky, did not hesitate to mention the countless operations and treatments of patients she has anonymously sponsored.
WIth regards to Magsy having physically abused his ex-wife: last i heard was that they still maintain a close friendship. He and his family were there for her when she was in the ICU a few years ago.
Apparently, the truth has many versions. In my experience, the sensationalized versions are never accurate.
January 16th, 2007 09:57
dear anonymouse of march 27, 2006
sorry for late reply. i did not write that entry a about Vicky, a blogger did (anonymous). this is a weblog and i cannot edit what people will write here
but it is good that you gave a good side of Vicky.
R. Guanzon
January 16th, 2007 10:00
To JULIA
Sorry for the late reply. Your sister can file for custody even if she is now in another country, while the children are still minors or below 18.
however, that may not be practical unless she is a permanent resident there and can petition her children to join her. if her mother or sister is in the Philippines, then there is also the possibility that during the custody case, she can ask the court that the children be in the temporary custody of her mother because she is abroad.