MANILA, Philippines - It’s all for the children.
A teary-eyed Kris Aquino said yesterday she is seeking a permanent protection order against her estranged husband James Yap to protect the interests of her children.
The popular television host and youngest sister of President Aquino was interviewed by Ted Failon on ABS-CBN last night accompanied by her three sisters Ballsy Cruz, Pinky Abellada and Viel Dee.
“This is about safeguarding what is my sons’,†Kris told Failon. “I want to safeguard my children.â€
She went on air hours after Yap, a basketball player, disclosed that he had asked the Makati Regional Trial Court to issue a hold departure order (HDO) against her and their five-year old son Bimby.
Yap filed his petition for HDO before the RTC Branch 144, which earlier granted Kris’ petition for the issuance of a temporary protection order (TPO) against him. She cited “overt sexual advances†made by Yap during a visit at her home last December.
Last night Ballsy explained that even with the TPO, which Kris wants to be made permanent, Bimby could still ask to see his father, and the request could be granted.
“Please pray for Josh and especially for Bimby, for what they are going through,†Ballsy said.
Kris explained that her request for a TPO had nothing to do with her efforts to have Bimby use her surname instead of Yap.
She said that during her annulment settlement with Yap, he claimed an amount that ate into even the share of Joshua, her son by Phillip Salvador.
Kris said she wanted her money to go to her children, stressing, “Hindi kami nagda-drama (This is not drama).â€
Kris’ lawyer, former solicitor general Frank Chavez, said with the TPO and the possible issuance later of a permanent protection order, Yap could no longer get near Kris, their son or any member of their household.
Chavez said if Yap would insist, the court could order him arrested.
In his petition, Yap through his counsel Lorna Kapunan said there was no evidence to warrant the issuance of the protection order against him.
“The allegations relied upon by Ms. Aquino in her application for the issuance of the TPO and or a permanent protection order are all self-serving and fabricated,†the petition said.
He said the allegations made by Kris against him are part of her “grand scheme†to alienate Bimby from him, and to deprive him of his visitation rights.
“As can be seen from the petition, nowhere did Ms. Aquino attach sufficient evidence such as, but not limited to judicial affidavits, sworn statements or any other documentary evidence sufficient in law, to prove all the allegations relied upon for the issuance of a TPO and or PPO. Ms. Aquino merely relied on her self-serving accounts of facts and circumstances, giving rise to her alleged right to the issuance of said protection orders,†Yap said in his petition.
He told the court that Kris filed the petition for a TPO last March 15, “knowing fully well that she will be out of the country with Bimby on March 23.â€
“The filing of the petition and obtaining the TPO at a date so close to the date of their departure from the country show Ms. Aquino’s intent to deprive Mr. Yap of their common son, Bimby,†the petition said.
In her petition for TPO, Kris asked the court to order Yap to stay away from her, their son and any household member, and keep a distance of at least 100 meters, and to stay away from her residence, school, place of employment or any place frequented by her and her son.
Chavez earlier told The STAR they would submit evidence that would convince the court to make the TPO permanent. Court hearings were set on April 8 and 10.
Kris alleged her former husband made “overt sexual advances†when he went to her Makati condominium unit last December to pick up their son as part of his twice-weekly visitations. She said she resisted, which provoked him to “utter mean and malicious statements†against her.
Chavez slammed Yap’s petition, saying Kris and Bimby are not flight risks.
“An HDO is issued only when the party is a flight risk. Kris Aquino and Bimby are not flight risks. They have everything here. Their careers, their homes, their relatives. It is fractured reasoning to apply for a hold departure order in disregard of all these factors,†he said. – With Jose Rodel Clapano, Delon Porcalla