Gabby Concepcion's legal representative asked the Quezon City Regional Trial Court (QCRTC) yesterday, September 22, to deny the issuance of a temporary restraining order against his client, arguing that the actor has the right to terminate his contract with his manager Rose Flaminiano.
According to the report of Cory Martinez published today, September 23, in People's Journal, Atty. Dexter Lacuanan made this request during the hearing for the issuance of TRO before the sala of QCRTC Branch 97 Presiding Judge Bernelito Fernandez.
Atty. Lacuanan reasoned out that the grounds of the talent manager for the TRO was insufficient since, under the new Civil Code, Gabby could end his contract immediately.
Mrs. Rose Flaminiano, through her legal counsel Atty. Bonifacio Alentajan, had filed the petition for specific performance with damages and request for a TRO to restrain Gabby from terminating his management contract with her.
In the same petition, Flaminiano is asking a total of P22 million in moral and exemplary damages. Mommy Rose argued that because of her talent's behavior, she suffered irreparable injury and damages.
It will be recalled that on September 9, Gabby's legal counsel Atty. Raymond Fortun sent a letter to Mrs. Flaminiano, which contained the detailed complaints of his client against the business manager. This included the date on the management contract signed by Gabby last January 2008 in San Ramon, California.
Upon receiving the said contract recently, Gabby was surprised to see that the date on the contract, April 1, 2008, was handwritten. Then, an intercalation was typewritten to show that Gabby went through a notary public and attested to the said five-year contract. (Click here to read related article)
In the same letter, Atty. Fortun also related that his client to wanted to terminate his management contract with her immediately. The reasons given were "lack of transparency" and "mismanagement" by Mrs. Flaminiano of his financial and employment concerns.
EXCHANGE OF ARGUMENTS. During the hearing yesterday, Atty. Alentajan insisted that a TRO should be issued since his client would suffer grave, irreparable injury and damages if Gabby would be allowed to terminate the management contract.
The petitioner's lawyer further said that the allegations in the letter sent to Mrs. Flaminiano were "false charges [that] necessarily constitute blackmail and were clearly contrary to law, morals, good customs, public order and public policy"
Atty. Lacuanan insisted, however, that his client has the right to terminate the management contract even if it still in effect under Article 1191 of Civil code. He added that Gabby tried to contract his manager before he decided to take the action but nothing happened.
Meanwhile, Judge Fernandez has given both parties until today to submit a memorandum, after which the resolution for the requested TRO would be issued.
GABBY SPEAKS UP. In an interview with Gabby Concepcion, entertainment columnist Dolly Anne Carvajal wrote yesterday, September 22, the side of the actor.
Gabby told the entertainment columnist, "I came here to make peace with everyone. My life is an open book. It's sad that this is happening."
The returning actor also reiterated the reason behind his decision to end the contract with his manager. "The real issue is the lack of transparency and communication between her and me. I'm a very trusting person. It's not about money but principle behind it all."
Gabby stands firm on what he is fighting for in this battle. "I have all the evidence to prove that I'm innocent. It's really shocking! I'm just waiting for the right time to expose it."