CA upholds Negros mayor’s indictment for abuse

MANILA, Philippines - The Court of Appeals (CA) has affirmed its ruling indicting Mayor Magdaleno Peña of Pulupandan, Negros Occidental in a case filed by his estranged partner, actress Plinky Recto.

In a resolution promulgated on Aug. 26, the CA denied Peña’s appeal and stood by its ruling affirming the filing by the Department of Justice (DOJ) of a case for violation of Republic Act 9262 or the Anti-Violence against Women and Children Act against the mayor.

Meanwhile, Peña said the CA erred in dismissing his motion for reconsideration.

He cited the findings of the Supreme Court on a civil case involving the same facts and parties stating the violence claimed by Recto did not exist.

The CA reiterated that the DOJ did not commit abuse of discretion as Peña committed violence against Recto, who was granted permanent custody of their minor child.

Associate Justice Eduardo Peralta said Prosecutor Hazel Valdez did not commit abuse of discretion when she conducted a preliminary investigation on the case and recommended the filing of the same.

On July 12, 2005, Recto filed the petition for a temporary or permanent protection order (PPO) against Peña.

She claimed the mayor “subjected her to emotional, verbal and psychological abuse when they were living together.”

On June 29, 2005, she said Peña assaulted her in front of their house helpers.

The CA gave weight to Recto’s claims that Peña shoved her thrice and strapped her to a chair during one of their fights in Mandaluyong City in 2005.  

The court noted that Peña admitted doing so. – With Danny Dangcalan