Sunshine, Cesar face off, OK joint custody

MANILA, Philippines - Estranged celebrity couple Cesar Montano and Sunshine Cruz have reportedly agreed to share custody of their children following yesterday’s hearing of a case filed by the actress against the actor-director before a Quezon City court.

The couple, married for over 13 years, faced each other at the hearing of Cruz’s habeas corpus petition in the court of Judge Jose Bautista.

After the hearing that lasted more than two hours, the  left the Hall of Justice together with their three daughters in Cruz’s car.

Both camps said they were happy with the agreement, but their lawyers – Joel Ferrer for Montano and Bonifacio Alentajan for Cruz – refused to give details owing to a gag order issued by the court.

Bautista met the both parties, jointly and separately, inside his office during the course of proceedings. Another hearing is set in October.

Cruz filed the petition for habeas corpus after Montano allegedly took their children and refused to return them to her.

Ferrer earlier said Montano was willing to return the children to his estranged wife. The two have been living separately since their break-up early this year.

Protection order

The couple faced each other in an earlier closed-door hearing at the sala of Judge Fernando Sagun, who is handling the petition for a permanent protection order filed by Cruz against Montano.

The actor was given 15 days to answer the petition.

Criminal case

The hearing of the two cases came two days after Cruz filed a criminal complaint against Montano for allegedly violating Republic Act 9262, or the Anti-Violence Against Women and Children Act of 2004.

When asked if they would still pursue the criminal complaint, Alentajan said the case is separate from their petition for habeas corpus.

“We’ll cross the bridge when we get there,” he said. “Everyone should be happy right now.”

Ferrer said they have received a copy of the criminal complaint, noting that they have yet to finalize Montano’s counter-affidavit.

He said they would not file any counter charge against the actress as it might affect the children.

In her complaint, Cruz alleged that Montano raped her. She accused him of committing violent acts, including slapping and hitting her head on the wall. She said he threatened her with physical harm, obscene accusations and grave defamation.

Montano has denied raping his wife, saying she invited him to her house following a dinner with their children on May 12, not May 28 as earlier reported.

“The two even had exchanges of text messages of good nature, belying any animosity between them several days after the Mothers’ Day celebration,” a separate statement released by Ferrer said.