THE legal battle between celebrity couple Claudine Margaret Barretto-Santiago and Rozelle Raymond Martin “Raymart” Santiago is not over. The Court of Appeals (CA) junked Claudine’s plea assailing several orders of the Regional Trial Court (RTC) of Marikina City.
In an order penned by Associate Justice Stephen Cruz and concurred in by Associate Justices Jose Reyes and Ramon Paul Hernando, the CA’s Fifth Division denied Claudine’s petition for certiorari seeking to reverse and set aside RTC orders which turned down her motion for postponement of the December 19, 2013 hearing and allowed the presentation of witnesses for Raymart.
The RTC also denied Claudine’s extremely urgent motion for reconsideration with urgent motion to recall witnesses for cross-examination or additional cross-examination.
The case stemmed from a petition for permanent protection order filed by Claudine against Raymart. The RTC paved the way for the continuation of the proceedings and allowed Raymart’s witnesses to stand before the court, prompting Claudine to seek redress with the appellate court.
In its February 29, 2016 ruling but was released only recently, the CA held that the lower court was right when it ruled in favor of Raymart.
“Undeniably, a motion for postponement of a hearing and recalling of witness for cross-examination is not a matter of right, it is subject to the sound discretion of the trial court,” the CA held.
“We find that the RTC did not commit grave abuse of discretion in refusing to grant the said motions.”