Lacuanan requested the Quezon City Regional Trial Court to junk the temporary restraining order filed by Rose Flaminiano against her Gabby Concepcion.
He argued that the grounds of the petitioner for the TRO were not sufficient since under the new Civil Code, the actor has the right to rescind his contract.
Flaminiano, through her legal counsel, Bonifacio Alentajan, had asked the court to restrain Concepcion from rescinding his management contract with her.
In the same petition, Flaminiano is asking a total of P22-million in moral and exemplary damages for the irreparable injury and damages she suffered as the result of Concepcion's decision.
Records showed that on Sept. 9, 2008, Concepcion through his legal counsel, Raymond Fortun, informed Flaminiano through a letter that he is rescinding his management contract effective immediately.
Concepcion cited lack of transparency and apparent mismanagement of his financial and employment concerns as reasons why he wanted to have his management contract with Flaminiano canceled.
During the hearing, Alentajan insisted that a TRO should be issued since his client would suffer grave and irreparable injury if the actor would be allowed to rescind the management contract.
Alentajan also belied Concepcion’s allegations against his client, saying they were clearly contrary to law, morals, good customs, public order and public policy.
Lacuanan, however, explained that under Article 1191 of the Civil Code, the actor has the power to rescind his contract immediately even it is still in effect. He added that Concepcion had tried several times but failed to contact Flaminiano before he made his decision.
In the previous news, the camp of Gabby claimed that there was irregularity in the signing of contract.
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