Yap: No Evidence to Warrant TPO
By Anna Liza Villas-Alavaren
Published: March 21, 2013

The fight over the temporary protection order (TPO) filed by television host and actress Kris Aquino against James Yap heats up as the camp of basketball player has retaliated, citing ‘there is no evidence to warrant the issuance of a TPO.’ 

Atty. Lorna Kapunan, Yap’s lawyer, said the allegations relied by Aquino in her application for the issuance of TPO and/or permanent protection order are “all self-serving and fabricated.”

“These are all part of the grand scheme of Ms. Aquino to ultimately alienate Bimby from his father, Mr. Yap… and the ill-intended plan to deprive Mr. Yap of his visitation rights,” cited in a formal entry of appearance and urgent motion for the issuance of hold departure order filed before Makati City branch 144 Wednesday.

“Aquino merely relied on her self-serving accounts of facts and circumstances, giving rise to her alleged right to the issuance of the said protection orders,” said in the motion, adding that “the true purpose of such petition being merely to curtail the rights of Mr. Yap.”

Aquino earlier filed the petition for a TPO against Yap whom she accused of taking sexual advances toward her and inflicting psychological harm on their son James when he visited her home sometime in December last year.

In the petition, Aquino said Yap acted as “if he was entitled to his matrimonial rights” in the presence of their son Bimby.

The Makati City court granted the petition for a TPO filed by Aquino against Yap on March 15, the same day it was filed.

The TPO mandates Yap to stay away from Aquino, their minor son Bimby, 5, and any household member, at such as safe distance of at least 100 meters, and to stay away from her residence, school, place of employment or any place frequented by Aquino, their son and other household members.

The TPO is good for 30 days but before it expires on April 13, Aquino’s lawyer Frank Chavez said Aquino is seeking to make the TPO against Yap permanent.

Kapunan, cited in the motion, that Yap never exerted any force or threat against Aquino or Bimby.

“The act of Mr. Yap in visiting Bimby and Aquino is his way of continuing his civil relationship with Ms. Aquino, despite the fact that they have had unstable relationship in the past,” she cited.

Kapunan also asked the court to issue a hold departure order against Aquino and Bimby.

“It is also utmost important that the court appraised of the fact that Aquino, filed the petition on March 15, knowing full well that she will be out of the country with Bimby in tow, on March 23. This goes to show that indeed, Ms. Aquino intends to deprive Mr. Yap of all possibilities for him to exercise his visitation rights,” she cited.

Chavez said the court has set a hearing on April 8 and 10 to hear the petition of Aquino in making the TPO permanent.

Chavez, in a television interview, said they will be presenting evidence for the court to decide whether or not to make the TPO permanent. 

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