MANILA, Philippines -- James "Bimby" Yap, Jr. may testify against his father James Yap in seeking the permanent effectivity of a protection order against the basketball player, according to the legal counsel of the 5-year-old's mother Kris Aquino.
In an interview with ABS-CBN News' Ginger Conejero on Thursday, Atty. Francisco Chavez said the child may appear in court to "affirm what is stated in our petition."
The request for a temporary protection order (TPO) against Yap was filed by Aquino on March 15 before a Makati City court, and was granted on the same day with an effectivity duration of 30 days.
The TPO requires Yap to keep a distance of at least 100 meters from Aquino, Bimby and any household member. It also orders the basketball player to stay away from any place frequented by Aquino and their son, such as their home and Bimby’s school.
Aquino is now seeking to make the TPO permanent.
Chavez has said a court hearing is set on April 8 where Aquino will appear as witness against her former husband.
"If we can save the child from testifying, we will," Chavez said. "It all depends on what the court requires. If the court says she has to listen to the child, the child is ready to testify. He is a very intelligent 5-year-old kid."
Asked if he feels Bimby will be able to make his "own decision" considering his age, the lawyer said, "Let's put it this way -- we cannot expect much from a 5-year-old kid, but he understands what he is doing."
Son 'hates' dad
The TPO stems from an incident last December 3, when Yap allegedly attempted to "force himself" on Aquino in front of Bimby.
Addressing the belated filing of a petition against Yap, Chavez said subsequent incidents where Yap supposedly caused "distress" on Bimby had Aquino convinced she should take the matter to court.
Following the alleged encounter in December, Chavez said that separate similar incidents -- one in January, and two early this month -- prompted Aquino "to save the child from any kind of further trauma."
The lawyer went on to detail the alleged incident on March 13, when Bimby supposedly showed signs that he "hated" his father.
According to Chavez, Yap and his son had a phone conversation, which was recorded on video with the basketball player's consent.
"The video would show that the child panicked, the child freaked out, and exhibited really adverse reaction to just hearing the voice of the father... Anybody who will witness that will [see] how the child hates him," he said.
This footage of the phone conversation, Chavez said, was "precisely the turning point for the judge to issue the TPO."
Bimby's adoption
Chavez, likewise, addressed the allegation of Yap's camp that Aquino's filing of a TPO against her former husband was an "afterthought," following the star cager's refusal to consent to the actress' move to legally adopt their child.
"Even assuming for the sake of argument that there was such an attempt to apply for adoption on behalf of the son, that is totally immaterial and irrelevant to the issues raised in the petition," the lawyer said.
"The other side, meaning Mr. James Yap, should only limit himself to the issues raised in court," he added.
Asked on the legal issues surrounding the alleged planned adoption, Chavez said, "Since the child is illegitimate according to the decision of the court, then Kris could possibly apply for adoption, so the child can bear the family name Aquino."
On whether there is still chance that Aquino will reconsider seeking the permanent effectivity of the protection order, Chavez said "there is no compromise."
The lawyer said, however, that legally, Bimby can make a decision in relation to the protection order once he turns 7. Chavez said there may yet be chance for the family to reconcile, given time.
"It depends on the parties on how they will resolve that. As I said, time is a great healer, and circumstances could possibly provide a window for healing these wounds," he said.
source: abs-cbnnews.com
