MANILA, Philippines - The Court of Appeals (CA) has upheld the indictment of Pulupandan, Negros Occidental Mayor Magdaleno Peña on abuse charges filed by his estranged partner, actress Marie Roxanne “Plinky†Recto.
In a 19-page decision, the CA’s Fourth Division dismissed Peña’s petition questioning a 2006 resolution of the Department of Justice (DOJ) finding probable cause against him for alleged violation of Republic Act 9262 or the Anti-Violence against Women and Their Children Act.
The CA held that the DOJ, under then Secretary Alberto Agra, did not commit grave abuse of discretion in approving Peña’s indictment after conducting preliminary investigation by Assistant State Prosecutor Hazel Valdez.
The CA, through Associate Justice Eduardo Peralta Jr., cited Peña’s admission that he had pushed Recto thrice and trapping her with a rattan chair during a fight in their condo unit in Mandaluyong City on June 29, 2005.
But the CA upheld the decision of the Mandaluyong regional trial court (RTC) denying Recto’s petition for a permanent protection order.
It held that the RTC decision merely showed that there was no threat that the abuse against Recto would continue.
The CA decision was promulgated last Dec. 17, but released to the media only yesterday.
In October 2011, the CA granted Recto’s petition seeking permanent custody of their eight-year-old child.
The Supreme Court disbarred Peña last year after he accused now Chief Justice Ma. Lourdes Sereno and Senior Associate Justice Antonio Carpio of falsification and cover-up in a case involving collection for services he had rendered and for reimbursement of costs in an ejectment case of sub-tenants in several commercial establishments along Roxas Boulevard in Manila.
Peña argued he should have been paid P28.5 million, but the SC only granted him P3 million.