James Yap’s legal counsel to Kris Aquino: “She does not have monopoly of affection”; asks public to give couple privacy to talk things out

“Let us allow Kris and James the space to talk to each other. No parent has a single monopoly of affection for a child,” James Yap’s legal counsel, Atty. Lorna Kapunan, pleaded to the public in an interview last night.


Matapos ipalabas ang panayam ni Kris Aquino sa evening news program na State of the Nation sa GMA News TV, kagabi, March 21, nagkaroon ng pagkakataon ang host na si Jessica Soho na makapanayam naman ang legal counsel ni James Yap na si Atty. Lorna Kapunan.

Iniwasang magbigay ng anumang opinyon ang abugado ni James tungkol sa mga sinabi ni Kris Aquino.

Sa halip, hiniling niya sa dating mag-asawa na makipag-usap nang pribado sa isa’t isa.

Saad ni Atty. Kapunan, “In another station they asked for prayers and they also asked that the family be left alone.

“So, if you don’t mind, Jessica, I don’t want to comment on what I just heard.

“I’d like to just echo their appeal, Kris’s appeal, that this is not a case na puwedeng pag-piyestahan ng media at ng publiko.

“And since she has made that statement, I hope that she sees it in her heart to start talking to James. And for James also, if he’s listening to this, to talk to Kris.

“At the end of the day, this is between, as Kris would say, this is not about Kris versus James.”

HOLD DEPARTURE ORDER. Ang panayam kay Atty. Kapunan ay naging isang pagkakataon para sa abugado upang ipaliwanag ang susunod nilang legal na hakbang sa isyu sa pagitan ng kliyente niyang si James Yap at sa actress-TV host na si Kris Aquino.

Nailathala sa PEP Alerts kahapon, March 21, na: “James Yap will file hold departure order (HDO) on his son Bimby at the Makati RTC tomorrow morning, March 22. James is now in a legal battle with former wife Kris Aquino over the custody of their five-year-old son.”

(CLICK HERE to read related article.) http://www.pep.ph/news/pepalerts/read/1363831035

Hindi sumasang-ayon si Atty. Kapunan sa naging reaksiyon ng abugado ni Kris, na si dating solicitor general Frank Chavez, tungkol sa hold departure order.

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Sinabi ni Atty. Frank Chavez, na nailathala sa Philippine Star ngayon, March 22, “An HDO is issued only when the party is a flight risk.

“Kris Aquino and Bimby are not flight risks.

“They have everything here. Their careers, their homes, their relatives.

“It is fractured reasoning to apply for a hold departure order in disregard of all these factors.”

Nilinaw naman ni Atty. Kapunan ang kanilang dahilan sa paghiling ng isang hold-departure order.

Aniya, “His position is that it is issued only in a criminal case.

“I would suggest to Frank to please read the law on R.A. 9262 [Anti-Violence Against Women and their children (VAWC) Act of 2004].

“In a situation where two parents are quarrelling about custody or visitation, the court can exercise such immediate measures as to protect the welfare of the child.

“And one such measure is a hold-departure order where the child should not be taken away from either parents.

“That is what this all is about.”

Hindi rin dapat maging negatibo ang konotasyon ng kanilang hiling dahil, ani Atty. Kapunan, “It’s not about preventing Kris to travel.

“It is not about preventing a child to enjoy a holiday which was a promised vacation.

“It is to ensure that the court and the parties can come to an agreement and that the best interest of the child will be taken care of.

“And that cannot be done if the child and the parent who is the complainant are not around the negotiating tables.

“It is not our intent to curtail any bonding time that Kris may have with James.

“So, if Atty. Chavez will reread the law again, and he will realize that the hold departure order is not only issued in criminal cases.”

“MONOPOLY OF AFFECTION.” Sa mga sumunod na bahagi ng statement ni Atty. Kapunan, sinabi nito na katulad ni Kris, nais lang din ni James na ipaglaban ang karapatan niya bilang ama sa anak nilang si James Yap Jr.

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Paglalahad ni Atty. Kapunan, “I think the statements of Kris cannot be doubted.

“Her sincerity and her love for child is evident in her body language and in the way she speaks and her consistent conduct as a good mother.

“But she does not have monopoly of affection.

“And if you listen and recall what James said yesterday sa media, the same way that Kris has said tonight na gusto niyang ipaglaban, and she wants to fight for her son.

“Kagabi or yesterday, sa press conference, yun din ang sinabi ni James. Gusto niya ipaglaban ang karapatan niya sa anak niya…

“That’s what this case is all about.

“And so we appeal to everybody concerned to just give them space.”

Dahil dito, muling nakiusap si Atty. Kapunan na hayaan munang makapag-usap nang pribado ang dating mag-asawang sina Kris at James.

“Let us leave the parties where they are.

“Let us allow Kris and James the space to talk to each other.

“No parent has a single monopoly of affection for a child.”



RESPECT THE COURT’S SYSTEM. Sa kanyang panayam, tinanong din ni Jessica si Atty. Kapunan kung paano maiiwasang masaktan ang bata habang pinagdaanan ng kanyang mga magulang ang sitwasyong tulad nito.

Nabanggit kasi ni Kris, ayon kay Jessica na “in the process of fighting for their son, they end up hurting him.”

Sagot ni Atty. Kapunan, “You would recall that there also was a similar situation in an earlier court room in Branch 140.

“The same things that Kris were saying today, was the same case that she was saying before.”

Sa Branch 140 rin ng Makati Regional Trail Court na-issue ang desisyong ideklarang null and void ang kasal ni Kris at James noong January 9, 2012.

Dati nang nasabi ng presiding judge na si Judge Cristina Javalera-Sulit, “Regardless of how bad of a person a husband is, or a wife as a wife is, you cannot deprive a child of the love and affection of any parent whether it be the mother or the father.

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“Let the judge here be the judge. Let the court equip itself with the expert’s opinion because it will be her version and James’s version.

“That’s why we have a justice system where the courts can appoint social workers to see what is to the best interest of the child and to make recommendations to the court.”

Sabi pa ng abodgado, bilang si Kris naman ang namili ng venue kung saan didinggin ang kaso, irespeto dapat niya ang sistema ng korte.



WILLING TO MAKE ANY ARRANGMENT. Hihingi raw ng gag order ngayong araw, March 22, ang kampo ni James upang hindi na magsalita ang dalawang kampo ng laban sa isa’t isa.

Paliwanag ni Atty. Kapunan na magsisilbi rin ang gag order na makapag-usap nang matiwasay ang dalawang kampo upang magkasundo sa isang “suitable arrangement."

Sabi pa niya, “James has been willing not to see the child alone…”

Sa huling liham na ipinadala ng kampo ni James, sinabi nila na “if you want James to go to the court law, or to their house, then allow the child to be brought after his class to James’s condo in Essensa together with two yayas and two security guards.”

Dahil sa visitation rights na ibinigay kay James ng korte simula 2010, nakakdalaw ang ama ni Bimby na makita ang bata tuwing Wednesday, Friday, at Saturday.

Inulit pa ng abugado ang kanyang punto, “Any arrangement can be made and James is willing to make any arrangement whether it is his house, whether it is a public place and he is willing…

“He has always been willing that the son be accompanied by the yayas and the security guards."



MORE ISSUES OF NATIONAL IMPORTANCE. Sa huling bahagi ng kanyang statement, mariing sinabi ni Atty Kapunan na hindi dapat malihis ang tao sa mas importanteng isyu sa lipunan.

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“There are more issues of national importance!

“The same day that the Kris Aquino temporary restraining order came out in a second edition of the Philippine [Daily] Inquirer is the same day the Pope was inaugurated!

“It’s the same day that my student of my university, the University of the Philippines, committed suicide. Or that her suicide was front-paged because there is no tuition available.

“As we speak, there is no humanitarian aid given to our Filipinos in Sabah.

"Tell me, does that deserve more attention than this fight between Kris and James? Leave them alone!”

Tatlong kaganapan na mas dapat tuunan ng pansin, ayon kay Atty. Kapunan – ang inagurasyon ni Pope Francis noong Martes, March 19; ang balitang pagpapakamatay ng behavorial science student na si Kristel Tejada ng Univeristy of the Philippines Manila dahil sa kawalan ng pambayad sa tuition; at ang kasalukuyang gulo sa Sabah.

Ito raw ang apila ng abogado.

“Let us pray for reason to surface. Let us pray for the families to keep their privacies. Let us pray that all of us spectators, especially us lawyers will give James and Kris the peace that they want and the space to sit down and decide what really is for the best benefit of Bimby.”

Sa pagtatapos ng kanyang statement, idinagdag ni Atty. Kapunan, “I give my highest respects to Kris and her sisters. And I empathize with their concern for Bimby.”


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