Although his estranged wife Kris Aquino claims their marriage is invalid, James Yap's camp believes otherwise, saying the rite was performed in “good faith,” and not just once, but twice.

“You can make a mistake once but in this situation there was a second time. So to say that it was orchestrated by James is not correct. The parties were really in good faith,” said James' lawyer, Lorna Kapunan, at a press conference held Aug. 16.

Kris and James are said to have tied the knot through a lady minister identified in an online report as a Rayda P. Tumaliuan of the Holy Sacrament International Church. Tumaliuan is said to have also officiated the second civil ceremony two weeks later, on July 10, 2005.

The online report added the two had to exchange vows for the second time because James was unable to secure parental consent during the first. Atty. Kapunan said it’s prerequisite if the marrying individual is between 21 to 25 years of age. James was 23 when he wed Kris.

Just last Aug. 9, Kris filed a petition for the Declaration of Nullity of Marriage at the Makati Regional Trial Court Branch 140. The main ground for the repetition is the “lack of authority of the solemnizing officer,” as minister Tumaliuan came from a religious sector that the couple doesn’t belong to.

As stated in the Family Code, it should be that “at least one of the contracting parties belongs to the solemnizing officer's church or religious sect.” Kris and James are both Roman Catholics.

The cager’s camp refuted speculations that he refuses to sign the separation papers because he is after Kris’ money.

“I asked him: ‘Are you here because you want money from Kris?’ I think the question itself is insulting,” Atty. Kapunan said.

Truth is, as James admits, he still loves his wife.

“Hindi naman basta-basta nawawala ‘yong love, nandoon pa rin ‘yon eh. Di rin naman natin maipipilit kung ayaw na sa ‘yo,” he related.

For now though, what James really wants is to be able to see their son Baby James. He, together with Atty. Kapunan, filed on Monday the Motion for Provisional Award of Visitation Rights at the Makati RTC.

James’ camp decided to file the motion after Kris allegedly prohibited the PBA player from seeing Bimby while their annulment case is ongoing. He said the last time he saw Bimby was on July 30, after he, half-brother Joshua and mom Kris arrived from the US. However, “hindi kami masyadong nakapag-bonding dahil may jetlag siya.”

“After that (meeting), naka-receive na ako ng text ni Kris na, 'Hindi mo muna pwedeng makita si Baby James hangga't hindi pa natatapos 'yong kaso natin,'” related James.

He even tried to contact Bimby’s yaya. “Akala ko baka nasa walang signal lang so tinatawagan ko parati pero off na 'yong phone,” he said.

James requested the court via the motion to be able to see his son twice a week, as well as for Bimby to be allowed to spend nights with him, and go with him to his province, Negros Occidental, where his parents live.

In a text message sent to ABS-CBN, Kris is said to have been surprised that James and his lawyer called for a presscon even after she had already allowed him to see their three-year old boy.

“You know I texted James last night around 7 pm complete with schedule of when Bimby was okay this week because I realized that our differences shouldn’t affect Bimby adversely, and I should be true to what I said in ‘[The] Buzz.’ I didn’t hear back from him. That’s the truth,” the actress’s message read.

James’ camp is aware of this.

“Although we are told by James that he received text message from Kris saying that she is open to a visitation, it cannot be under her terms because you cannot set a schedule, and a deadline, and a venue. The father should be allowed to freely visit a child,” maintained Atty. Kapunan.

Apart from the separation, James also does not agree with Kris’ petition of having Bimby’s sole custody. But what seemed to have hurt him more is her request to drop Yap as Bimby’s surname.

“Gusto niyang ibahin ang pangalan ni Baby James. Tanggalin niya ‘yung Yap gusto niyang palitan ng Aquino. As a father, talagang hindi puwede ‘yon. Siyempre diba, anak ko ‘yon eh,” he said.

Such petition poses a peril on Bimby’s part, Atty. Kapunan said.

“He (James) will fight anything that is filed to declare his son as illegitimate, [because] that is the effect of the petition.”

James’ camp said it's the last time they will speak about the issue, and they plead for Kris to do the same.