MANILA, Philippines - 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."
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.
Yap's Version
In an interview on Wednesday, Yap said he was deeply hurt by Aquino’s accusations because all he wants is to be a father to their son.
"Nasasaktan ako kasi 'yung anak ko sobrang sama na ng tingin sa akin. As a father, sobrang nasasaktan ako, sinasabihan akong ‘I don’t like you, you’re a liar. Iniisip ko ano bang ginawa ko? Wala naman akong ginawa. Tinanong ko, ‘Sinong natuturo sa ’yo niyan?’ ‘Mama, mama.’ Ang ginagawa ko na lang kapag sinasabihan ako ng masama, sinasabi ko na lang, ‘Bimb tingin ka sa mata ni papa. Love na love ka ni papa,’" he said.
In Aquino's pleading, she accused Yap of making 'overt sexual advances' which she resisted. Aquino said her former husband acted "as if he was still entitled to his matrimonial rights" in full view of their son.
Yap defended himself against these accusations and shared in detail what really happened last December 3, the date when he supposedly “abused” Aquino. "Magpapaalam na sana akong umalis. Sabi ko ‘Bimb kiss mo na si Papa kasi aalis na.’ Nandoon si Kris, nandoon ang bata. Sabi ni Bimb ‘I don’t like.’ Ako naman, ‘Bimb kapag hindi mo i-kiss si Papa, iki-kiss ko si Mama.’ Tapos ang reaction ni Kris, ‘Yuck, yuck, yuck,’" he said.
"Ako naman, ayaw talaga ako i-kiss ni Bimby so lumapit ako kay Kris, hinawakan ko siya [sa braso]. Paghawak ko, sabi ko ‘Bimb look o, iki-kiss ko na si Mama mo.’ Tapos biglang si Kris nagsabi na ‘Sinasaktan mo ako, you’re hurting me.’ Parang sinasabi niya kay Bimb ‘Sinaktan ako ng Papa mo.’ Tapos siyempre 'yung bata akala talaga sinsaktan siya," he added.
"Nag-react ang bata gumitna sa amin tapos hinug siya. Pag-hug niya sabi ‘No no I don’t like you... Ang mukha ni Kris [nang-aasar pa]. Kaya sabi ko, ‘Ikaw talaga!’ Sinusumbong ko kay Bimb. ‘Bimb look at your mama’s face oh, she’s smiling.’ Tapos pagtingin ni Bimby, galit-galitan na naman siya," he said.
Yap stressed he is the one telling the truth and he had no intentions of hurting Aquino. "Never ko siyang sinaktan, never ko siyang ginamitan ng kung ano man. Takot ko lang kasi siyempre alam ko naman kung nasaan sila ngayon, nasa power sila. Hindi naman ako tanga na gagawin ko iyon," he said.
After the incident last December 3, Yap said he was able to talk to Aquino the next day and that’s when he told Aquino about his frustrations. "The next day, tinawagan niya ako. ‘Binabastos mo yata ako’. Sabi ko, ‘Anong binabastos? Hinawakan ka lang, binibiro ko lang para i-kiss ako ng anak ko tapos binabastos?’ Doon ko na binuhos sa kanya lahat ng hinanakit ko," he said.
"Sabi ko 'Hindi mo ba alam na tuwing sinasabihan mo si Bimby ng masama about sa akin, sinasabi sa akin ni Bimby? Kapag tinatanong ko sinong nagsasabi, ikaw ang tinuturo. Sa tingin mo ba hindi ako nasasaktan sa ginagawa mo? Tatay ako ng anak mo. Baka nakakalimutan mo, gusto lang kita i-remind.'
"Tapos hindi siya nakapagsalita, binabaan ako. Tumawag ako ulit tapos sabi niya sa akin ‘Baka nakalimutan mo, may three years pa ang brother ko.’ Sabi ko, 'Grabe ka naman ang yabang mo naman. Ang yabang yabang mo naman,'" he said.
Yap maintained he has moved on from his former wife and he just wants to spend time with Bimby. "Wala naman na akong pakialam kay Kris eh. Ang gusto ko lang makasama ang anak ko. Bakit ako sinisiraan sa anak ko? Para ano? Ano bang gusto niya? Tapos ngayon ina-accuse niya ako na rapist ako? Grabe naman iyon. Itong lumalabas ngayon sinasabi ni Kris rapist ako or kung ano man ang nakalagay diyan, walang katotohanan iyan," he said.
Yap already sought a hold departure order from the court before Aquino leaves the country. He also appealed to Aquino's camp for them to have a dialogue to settle things. Yap's camp is set to file a comment opposition in on Thursday in response to Aquino's TPO.
Sources: ABS-CBN News, DZMM & Bandera Blog
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