Kris wants permanent protection order vs James

Posted at 03/20/2013 7:53 PM | Updated as of 03/21/2013 6:05 PM

Kris claims ex wanted to force himself on her

James Yap and Kris Aquino

MANILA -- Kris Aquino is seeking to make permanent a temporary protection order (TPO) against James Yap, after the star cager allegedly made "amorous advances" toward his ex-wife and caused "distress" on their son.

In an interview with ABS-CBN News' Marie Lozano on Wednesday, Atty. Francisco Chavez said a hearing is set on April 8 where Aquino will appear as witness against her former husband.

"We will be presenting evidence, and we will also be given the opportunity to present this evidence, and for the court to decide whether or not to make the TPO permanent," he said.

The request for a TPO against Yap was filed by Aquino last Wednesday, March 15, before a Makati City court, and was granted on the same day with an effectivity duration of 30 days.

According to Chavez, "the stay-away order against Mr. Yap prohibits him from going to the residence, the school, or any other place including the place of employment of Kris, or any of the places frequented by Kris, and even the housemaids. James Yap cannot be [as near as] 100 meters [to Aquino and their son]."

"The order prohibits James Yap from committing or causing any of the acts complained of in the petition," Chavez said.

3 incidents

The TPO stems from an incident last December 3, when Yap allegedly attempted to "force himself" on Aquino.

Chavez narrated: "Bigla na lang sumulpot si James Yap sa kwarto mismo ni Kris. In the presence of Bimby (their son, James Yap, Jr.), [Yap] wanted to inflict himself or force himself on Kris."

He continued, "This was, of course, vigorously rejected by Kris. He was making amorous advances, pretending like he was attempting to rekindle the sparks of an old romance. But their marriage has already been annulled, and Kris has reminded him that they're no longer a couple."

Aquino and Yap were married in civil rites in July 2005. Their marriage was declared null in February last year. Their son, Bimby, was born in April 2007.

"Medyo nagalit siya dito," Chavez said, referring to Aquino's rejection of Yap's alleged "advances." "He persisted until Bimby, despite his very small frame, placed himself in between Kris and James and pushed his father and hit his father and told him to leave the premises."

The lawyer added, "Eventually he left the premises and this young boy shut the door and felt secure after he left."

According to Chavez, this was not the only time the basketball player caused "distress" on Bimby, which the lawyer said is also the basis of the issuance of the TPO

"Noong January, mayroon na namang insidente na nag-promise naman itong si James Yap na bibigyan niya ng gift 'yung anak niya kung pupunta siya doon sa Serendra (condominium). Pumunta naman 'yung bata, pero pag dating doon, hindi naman binigyan ng gift, so masyadong disappointed 'yung bata," he said.

Another incident allegedly occurred early this month, Chavez added. He said that this was documented and is planned to be used as evidence in the April hearing seeking the permanent effectivity of the protection order.

"Last March 13, madinig lang ang boses niya, gusto siyang marinig ng father niya, nagfi-freak out 'yung bata. Mabuti naman lahat ito na-document, nakunan ng video ang reaction ng bata sa tawag ng kanyang ama, kahit na sinasabihan 'yung bata na kausapin 'yung ama niya. In other words, ayaw na talaga nung bata na makita o madinig ang boses ng kanyang ama," he said.

'Bimby's welfare'

Asked on why Aquino only recently filed the TPO against Yap, three months after the first alleged incident, Chavez said, "Kris was giving everything and everyone a chance."

However, according to Chavez, "[Yap] obviously also violated his visitation rights."

The lawyer said that in a year, the star cager had 104 chances to visit Bimby. "But if you look at the records, mabuti nang mag-ti-20 o 25 [visits] siya, but the rest of the time hindi siya bumibisita kay Bimby."

"Bumibisita lang siya kung maalala niya, kung wala siyang magawa, o wala siyang ginagawa," he said.

Chavez said Aquino's filing of a TPO against the father of her child came as a difficult decision.

"But if you're faced with a situation na talagang it will not be to the interest and welfare of the child, the interest of Bimby comes first," Chavez said.

Click here to read the statement of Yap on the TPO and the alleged incident last December 3.