Sunshine Cruz posted a query on Facebook.
The said query generated flurry of comments which drew the ire of her estranged husband actor Cesar Montano.
Montano asked a Quezon City court to penalize Cruz for violating a gag order on their legal tussle over the custody of their daughters.
He filed a petition for the court to cite Cruz for indirect contempt filed on Valentine’s Day.
The actor said that Cruz should be held culpable for going against the gag order issued in August 2013 by Quezon City Regional Trial Court Judge Jose Bautista Jr. of Branch 107.
It was pertaining to the issuance of the writ of habeas corpus sought by his estranged wife.
The actor’s petition was raffled off to the Quezon City regional trial court branch 81.
Montano said that while Bautista had modified his order last month, in connection with the custody of their daughters, the directive to keep mum on the merits of the case has not been scrapped.
The petitioner and respondent including their lawyers are directed not to talk and discuss matters involving or relating to this case to the tri-media and to all other forms of social media under pain of contempt.
Montano said that when the judge modified his order on January 16, Cruz posted in Facebook a status update in her account relating to details of the pending case before the honorable regional trial court of Quezon City branch 107.
Cruz’s lawyer Bonifacio Alentajan was even tagged in the post, which was in the form of a question.
It disclosed information to the public relating to the issue on the custody of their children and that those who saw the post had remarked on it.
His estranged wife had, to his prejudice, peddled the case merits and violated the gag order issued by Judge Bautista as well as the sub judice rule which has been barred public disclosures on the merits of a pending case.
The actor further pointed out that Cruz’s post has spawned a negative perception of him in the minds of the public because his estranged wife is a well-known celebrity.
This might influence the decision of the controversy and consist in unlawful interference with the proceedings not only in the habeas corpus case but in all pending actions filed by respondent against himself being the petitioner, he said.
Montano asked the court to punish Cruz for indirect contempt with a fair and just penalty.