Plinky Recto gets custody of child

MANILA, Philippines - Former actress Plinky Recto won her bid at the Court of Appeals (CA) to get permanent custody of her seven-year-old child with estranged live-in partner Mayor Magdaleno Peña of Pulupandan, Negros Occidental.

But the Special Fifth Division of the appellate court dismissed Recto’s allegation that she was battered by Peña, denying her petition for a permanent protection order (PPO) against the mayor.

In a 12-page decision penned by Associate Justice Florito Macalino, the CA upheld with modification the July 12, 2007 decision of Mandaluyong City Regional Trial Court Branch 214 in civil case lodged by Recto.

Associate Justices Rosalinda Vicente and Mario Lopez both concurred with the decision of Macalino.  

In its decision, the CA stated that “there is no question that petitioner-appellant (Recto), being the mother of and having sole parental authority over the minor child, is entitled to have custody of him.”

“She has the right to keep him in her company. She cannot be deprived of that right and she may not even renounce or transfer it except cases authorized by law,” the ruling added.

The CA said the RTC, then presided by Judge Edwin Sorongon, was correct in ruling that there was no basis for issuance of the PPO since the alleged assaults were not proven by the complainant.

Recto, sister of Sen. Ralph Recto whose real name is Marie Roxanne, filed the petition for temporary or permanent protection order under the Anti-Violence Against Women and Their Children Act against Peña on July 12, 2005.

She alleged that Peña “subjected her to constant emotional, verbal and psychological abuse which got worse and unbearable during the last two years that they lived together” while they were living together.

But the CA junked such claims.

It held that the medical findings of Dr. Teresita Sanchez did not fully support of Recto’s claims that Peña mauled, twisted her arms and rode on her back and held her head upward, slapped her several times and banged her head three to four times on their house’s hard floor.

Sorongon said Recto’s statement as to the manner she was manhandled by Peña contradicted with the findings of Dr. Sanchez.

Romeo Camposano, Recto’s former driver, had testified in trial that Recto told him that she should wear a neck brace to impress upon the court that she was really hurt, upon instruction of her legal counsel.