James Aquino Yap — better known known as Bimby — is the victim in the latest issue involving his parents James Yap and Kris Aquino.
“What is disconcerting is the matter of the child. He is the victim in this whole troublesome affair,” wrote TV5′s resident legal analyst Mel Sta. Maria in his latest column on InterAksyon.com.
“What we saw in the Kris-James story was like a tele-novela: The guy crying and the woman crying. Allegations of ex-spousal and child abuse made on one side. Assertions from the other side of fabricated stories were bandied about.”
In his column, Sta. Maria discussed the legal implications on Bimby given his parents’ situation. Yap and Aquino married in 2005, before separating five years later. Their marriage was declared null and void last year.“In Kris and Bimby’s case, if the marriage of Kris to James were judicially nullified because the officiating minister had no authority to solemnize the marriage, then Bimby is illegitimate because the situation does not fall under any of the two exceptions.
“While a legitimate child shall be under the joint parental authority of both the mother and the father, an illegitimate child shall only be under the parental authority of the mother. This means that the mother is the only parent who can decide for the child.
“While the father has no parental authority over an illegitimate child, he still has the natural, legal, moral and inherent right to exercise his visitation rights over the child. His visitation right can either be suspended or terminated depending on the seriousness of his irresponsibility. But mere simple negligence will not suffice to suspend or terminate.”