Counsel asks court to junk TRO bid by Gabby Concepcion's ex-manager

MANILA, Philippines - The lawyer of actor Gabby Concepcion on Monday asked the Quezon City regional trial court to junk the petition for a temporary restraining order filed by Rose Flaminiano, Concepcion’s former talent manager. During the hearing on the prayer for issuance of TRO before the sala of QCRTC Branch 97 Presiding Judge Bernelito Fernandez, Concepcion’s legal counsel, Dexter Lacuanan, said the actor has the prerogative to rescind his contract with Flaminiano. 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. It would be recalled that Concepcion signed a management contract with Flaminiano last April 1, 2008 in Quezon City for a period of five years from date of effectivity and shall be exclusive in character. The talent manager said that Concepcion had already partially received the fruits of the management contract in the amount of P1.8-million. She added that she and the actor would earn more during the effectivity of the contract for the next four and a half years. - GMANews.TV