WHAT has the country got to do with the highly publicized marital case of television host and presidential sister Kris Aquino and basketball star James Yap?
None, many might be quick to say.
But for Kris, the speedy resolution of her petition to nullify her marriage to James will not only benefit her but the whole country as well.
Kris wants the nullification of her marriage finalized as soon as possible “so the country can move on,” a source privy to the case said.
The source said Kris conveyed her desire for speedy decision to Judge Cristina Sulit of the Makati Regional Tria.l Court Branch 140, who is hearing the much talked about case.
Last July 12, Kris filed a petition to nullify her five-year marriage to James, citing as basis the lack of authority of the solemnizing officer. The petition included a request to change the surname of their 3-year-old son, Baby James, to “Aquino.”
But before she went to court, she announced on June 27–four days before the inauguration as president of her brother, Benigno Aquino III, the end of her marriage to James. She did this on “The Buzz,” a TV talk show she used to co-host with best friend Boy Abunda.
“I can say with finality na ako, sumuko na (that I have surrendered),” she said in tears.
Her petition for nullification of marriage gave birth to other related cases, such as the petitions of James for visitation rights, joint custody and permission to bring Baby James to visit his parents in Escalante, Negros Occidental. James had complained that Kris was preventing him from seeing their son.
So far, the court has only ruled on the visitation issue. The court has allowed him to visit their child every Wednesday from 2 to 8 p.m., “watch basketball or eat and bond, provided within Metro Manila only and accompanied by two yayas and two security guards,” and to stay with him overnight once a week from Friday at 4 p.m. up to Saturday, 2 p.m.
Lorna Kapunan, counsel for James, said the court has not decided on his client’s request to be allowed to bring Baby James to visit his parents in Escalante at least once a year. Kris has opposed this, saying it would cost the government money because additional members of the Presidential Security Group would have to be assigned to accompany Baby James.
Kapunan wondered why Baby James has been provided PSG escorts.
The PSG’s responsibility is to “provide security to the President of the Philippines and the First Family.” They also provide protective security to visiting heads of states and diplomats.
Kapunan said the court has also to rule on the matter of joint custody which her client demands,“but parties are discussing amicably pending issues including properties.” She added James told her that he and Kris have in principle agreed on the division of their conjugal properties.
Last week, Kris’ lawyers amended her original petition to declare their five-year marriage void from the start by adding another ground–psychological incapacity. The petition said both of them had “personality disorders” since their youth.
Kapunan said James cited the same reason in his own petition for annulment of marriage. “They adopted the reason that we cited in our petition for annulment, which is Article 36 of the Family Code, psychological incapacity,” she said.
Kapunan said James told her he cannot force himself on Kris if she didn’t want him anymore.
Kapunan said if the court grants Kris’ original petition, this would result in the declaration of Baby James as illegitimate. “No court will declare a child illegitimate,” she said.
Although her client has accepted the reality that the marriage is beyond saving, Kapunan said the basketball star won’t agree to Kris’ plan to drop the surname “Yap” from their son’s name.
On the property issue, Kris told an ABS-CBN TV interview she regrets not having followed the advice of her late mother, President Corazon Aquino, to have a pre-nuptial agreement since she has a special child, Joshua, her 15-year-old son by actor Philip Salvador.
Although James is one of the highest paid basketball players in the country today, his income is minuscule compared to the astronomical earnings of Kris from TV shows and commercial endorsements. She is one of the country’s top taxpayers, declaring over P300 million in earnings during her marriage as against her husband’s reported total earning of P20 million during the same period.
Yap, in an earlier interview with GMA-7, said he is doing something to ensure the financial security of his son: “Syiempre, iyong mayroong maipamana sa kanya at gusto ko mapursige ko ang ginagawa ko kasi lahat ito para kay Baby James (Of course, I want to bequeath him something. That’s why I’m working hard. All this is for Baby James).”
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