(Metro News) Pasig RTC can summarily decide case against ex-Manila Rep. Mark Jimenez — CA

June 13, 2010 11:17 pm 

MANILA, June 13 – The Court of Appeals (CA) has granted authority to the Pasig City Regional Trial Court (RTC) to summarily decide the case filed against former Manila Rep. Mark Jimenez in 2007 by his former wife, Caroline Castaneda.

In a six-page ruling, the CA Seventh Division junked Castañeda’s petition questioning the Pasig RTC’s decision to apply the rule of summary procedure in her case, where she is seeking a permanent protection order against her former husband whom she accused of inflicting physical and mental abuse against her.

Jimenez’s former wife claimed that the lower court "committed manifest error amounting to grave abuse of discretion in applying the rule on summary judgment to the case" since it was in clear disregard of the preliminary conference order which laid down the procedure to be followed in hearing the case.

She added that it was not practicable to apply the rule on summary procedure as a full-blown trial is necessary for the court to make a sound and solid judgment.

However, the CA said that it cannot grant Castañeda’s petition for certiorari and prohibition against an interlocutory order of the lower court, saying it is barred by the rules from doing so.

The CA said the petition filed by Castañeda is considered as among the prohibited pleadings provided under the “Rule on Violence Against Women and their Children” earlier promulgated by the Supreme Court.

Case records showed that on April 12, 2007, Castañeda sought a temporary protection order (TPO) or permanent protection order (PPO) from the Pasig RTC allegedly because of verbal, physical, emotional and psychological abuse inflicted upon her by Jimenez.

In his defense, the former Manila representative claimed that his second wife was a drug addict in need of medical treatment and rehabilitation.

On April 13, 2007, the Pasig court issued a TPO in favor of Castañeda.

The TPO prohibited Jimenez from committing or threatening to commit acts of violence against and communicating with Castañeda. It also ordered Jimenez to stay away from her residence in Taguig City and required him to receive professional counseling and other forms of intervention to stop his violence.

On May 16 of that same year, Castañeda’s half-sister Rose Flaminiano reported to authorities that Jimenez’s wife was kidnapped and confined at the Silvercrest Foundation, a drug rehabilitation facility.

On the evening of May 25, agents of the National Bureau of Investigation (NBI) entered the facility and took Castañeda on the basis of a rescue order issued by the Pasig City RTC. (PNA) scs/PFN

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