In Kris vs. James saga, both are losers
by Gerry Plaza, Special to Yahoo! Southeast Asia
The continuing saga of Kris Aquino’s intent to end her marriage to James Yap has reached a dramatic turn after the TV host-actress’ lawyer, Anna Liza Logan, announced that her client was seeking nullity of marriage, saying that their marriage was void from the beginning.
Proving this will definitely open a sort of Pandora’s Box in their marriage.
While other grounds for nullity of marriage may not seem to apply to them, such as the age requirement or the qualification of the person who solemnized their bond as husband and wife (then Quezon City mayor Sonny Belmonte, no less), her lawyers would seem to have no other recourse but to push for the obvious bases — either psychological incapacity or bigamous or polygamous marriages.
According to the Family Code: “Any psychological incapacity at the time of the marriage celebration, which prevents either the husband or wife from fulfilling the essential marital obligations of marriage, shall also be void even if such incapacity becomes manifest only after the solemnization.”
This means the petition Kris will file before the Quezon City Regional Trial Court will include allegations of psychological incapacity against James after their marriage that should consist of incidents that prove such — certainly presenting a never-before-seen or heard inside look on this popular yet controversial union. Who knows? Maybe allegations of a previous “bigamous or polygamous” marriage against James may crop up.
As with Liz Almoro’s successful nullity of marriage petition against ex-husband Willie Revillame in 2006, the details should be as ghastly and turbid as one can imagine. Probably even more so , as Liz and Willie’s marriage lasted just over a year, while Kris and James’ union lasted for five years, which would bring a grander, expanded presentation of their alleged woes. For sure, details on James’ alleged past affairs could come to the fore as with Kris’ own shortcomings as a mother or wife, in addition to other shocking incidents or lurid facts that would surely scorch TV talk shows, news programs, daily broadsheets and tabloids in the weeks or months to come.
Unlike Liz’s case, however, it is quite unlikely that this nullity of marriage petition will carry a charge in violation of Republic Act 9262 or the Anti-Violence Against Women and Their Children Act. But expect those nasty rumors through the years on James’ alleged infidelity to receive striking emphasis. With previous allegations against James of infidelity, it is expected that the case will raise James’ alleged affiliations with other women, most notably Hope Centeno, a former receptionist at the Belo Medical Clinic, and the more recent alleged romance with fan Mayen Austria. But expect more of those alleged “affairs” to emerge as the case goes to court.
Sadly, this case will further place the family under close public scrutiny and may even bring up closely guarded secrets that may affect ultimately the whole Aquino clan, not just James Yap. In fact, James can file countercharges of his own, which should bring up allegations that would also put his popular spouse in a bad light. As the case wears on, it is obvious no one will really emerge a victor in their respective families. Only losers.
Winners? Well, the media will surely have a frenzy and happy trips to the bank, and those talkative regulars in neighborhood sari-sari stores, a field day in juicy exchanges that would last a lifetime.
While one party, in this case Kris, may be granted the petition, just imagine the damage, and the collateral damage that could happen.
What could be a better option for both of them? Maybe they could learn a thing or two from couples like Yayo Aguila and William Martinez, who despite their separation, still constructively worked things out in terms of rearing their children and other family matters. In other words, the family still exists despite the separation.
Of course, we do not know or take the rightful place in deciding the best option for them. But isn’t giving it another thought, or a few minutes of dialogue, to saving their marriage still worth it?I believe it is.
Reposted From Gerry Plaza Of Yahoo! Southeast Asia