Court allows Kris, Bimby to leave PH

Posted at 03/22/2013 6:12 PM | Updated as of 03/22/2013 11:30 PM

MANILA (UPDATED) – A Makati court has junked the petition of star cager James Yap for a hold departure order (HDO) on his former wife, Kris Aquino, and their son James "Bimby" Yap, Jr., allowing the two to leave the country on Saturday for a vacation.

Judge Liza Marie Picardal-Tecson of the Makati Regional Trial Court Branch 144 issued the decision on Friday afternoon, hours after issuing a gag order on Yap, Aquino and their respective lawyers, Lorna Kapunan and Frank Chavez.

Chavez made the confirmation to radio DZMM shortly after the court made the decision. He did not give further details, citing the gag order.

The petition for the HDO on Aquino was initially sought by Yap due to a temporary protection order (TPO) against the star cager, which bars him from being within 100 meters of his son and his former wife. He had feared Aquino would leave the country with Bimby with no plans of returning.

On Saturday, Aquino and Bimby are scheduled to leave for Paris, France for a vacation.

In the afternoon, before the Makati City court handed its decision on the HDO, Kapunan said Aquino's announcement on live television Thursday night that she is quitting showbiz bolstered Yap's petition.

In a live interview on the evening newscast "TV Patrol" on Thursday, Aquino announced that she is tendering her resignation from her showbiz commitments.

Aquino has a morning talk show "Kris TV," which airs weekdays on ABS-CBN. She also stars in the primetime soap "Kailangan Ko'y Ikaw," which is set for a one-season run. On weekends, she appears as a judge on the reality talent search "Pilipinas Got Talent."

"Will she still come back if she has no more programs? It's possible, if she has no more commitments here, not to return to the Philippines for a long time," Kapunan said.

"We are all the more concerned that if she is willing to give up all her commitments, that means it is possible that she will have an extended vacation abroad with the child," she said.

She added that Yap, through his petition for the HDO they had filed, only sought to be informed of the travel plans of his former wife and their son.

Chavez, meanwhile, maintained that they are willing to give the court details on Aquino and Bimby’s travels to assure Yap that he can still see his son.

The lawyer, however, earlier criticized Yap for seeking to "prevent" his son and Aquino from having a vacation.

"This is a vacation the child has looked forward to, and Mr. Yap knows this. So this only reveals his selfishness when he now tries to block the travel of the son, despite the fact that he had been issued a TPO. So in other words, he cannot even go near the child.

"And yet he does not want the child to see Disneyland in Paris. That to me is the height of selfishness. Inconsiderate father," Chavez said.

During her interview on "TV Patrol" on Thursday, Aquino spoke at length about an incident on December 3, when Yap allegedly "forced himself on her."

She said Yap's advances, which the star cager has denied, has had "effects" on their son Bimby. This, and three other incidents where Yap allegedly caused "distress" on their son, Aquino said, were what prompted her to file the TPO against her former husband.

Yap, in a press conference on Wednesday, likewise turned emotional over the growing animosity of his son towards him, which he attributed to Aquino's alleged "brainwashing." He also accused Aquino of invoking her brother President Benigno Aquino III"s being in power when she made a veiled threat.

Aquino denied the allegation, saying Yap's "jeopardizing" of her brother's good name is "unfair." -- reports from Zhander Cayabyab, dzMM; Ginger Conejero, ABS-CBN News