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63jili Vic Sotto’s writ of habeas data petition partially granted by Muntinlupa court
(From left) Vic Sotto and Darryl Yap. Images: FILE PHOTOS
The Muntinlupa Regional Trial Court (RTC) Branch 205 has partially granted Vic Sotto‘s petition for the issuance of the writ of habeas data against filmmaker Darryl Yap, in connection with the trailer of he latter’s controversial movie, “The Rapists of Pepsi Paloma.”
Sotto’s petition sought to stop Yap from disclosing any personal information to be used as part of the movie or any of its promotional materials in any platform.
top casino slots Article continues after this advertisementIn a 20-age order issued on Monday, January 27, Muntinlupa RTC Branch 205 Presiding Judge Liezel Aquiatan ordered Yap to remove from all platform the controversial teaser video which supposedly portrayed Sotto as the rapist of the late 80’s sexy star.
FEATURED STORIES ENTERTAINMENT Mark Leviste finds new love in TikTok personality Aira Lopez ENTERTAINMENT Gloria Romero: 'Greatest movie queen of all time' ENTERTAINMENT Cassy Legaspi reveals hypothyroidism diagnosis“Respondent Darryl Ray Spyke B. Yap and any person or entity acting on his behalf, including the production team of Vin Centiments, are ORDERED to delete, take down and remove the 26-second teaser video from online platforms, social media, or any other medium for having misused the collected data/information by presenting a conversation between two deceased individuals, which cannot be verified as having actually occurred,” the court stated.
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The court, however, declined to rule on malice and ill motive on the part of Yap, as these are not covered by the present case, and may properly be addressed in the cyberlibel case subject of the fiscal’s investigation.
Article continues after this advertisement“Furthermore, this Court cannot address the issues of malice and bad motive, as these are valid matters for determination in the criminal complaint for cyber libel, which remains under investigation by the Office of the City Prosecutor,” the order read.
Article continues after this advertisementNonetheless, the court allowed Yap to proceed with the production and release of “The Rapists of Pepsi Paloma. Yap earlier announced that the movie is set for a theatrical release on February 5.
Article continues after this advertisement“The Court cannot suppress the entire film, as it is based on the life story of Pepsi Paloma where the respondent secured the consent of the mother and brother, derived from public records like newspaper clippings, footages and is protected by artistic freedom and public interest,” the order said.
A copy of the Muntinlupa Regional Trial Court (RTC)’s decision. Image: CONTRIBUTED PHOTO
Following the Muntinlupa RTC’s decision, Sotto’s legal counsel Atty. Enrique Dela Cruz said they are “thankful” for the partial granting of the host-comedian’s writ of habeas data petition against Yap.
Article continues after this advertisement“Nagpapasalamat kami sa kagalanggalang na hukuman dahil naging patas ang pagdinig at nabigyang hustisya ang idinulog na reklamo ni Mr. Vic Sotto (We’re thankful to the court for their fair decision and Mr. Vic Sotto’s complaint was given justice),” he told INQUIRER.net in a text message.
Dela Cruz hoped that Yap’s camp would comply with the court’s decision to take down the teaser video that mentions Sotto’s name.
“Sana ay alisin na agad ang teaser video na ginamit ang pangalan ni Mr. Vic Sotto at tanggalin na din ang anumang promo materials na may pangalan at iba pang sensitive personal information ni Mr. Vic Sotto,” he said. “We are thankful for this decision. May cyberlibel case pa kami against Mr. Yap. Doon na kami mag focus ngayon.”
(We hope that the teaser video mentioning Mr. Vic Sotto’s name and other related promo materials featuring his name and other personal information will be removed. We are thankful for this decision. We still have a cyber libel case against Mr. Yap. This is our focus now.)
A copy of the Muntinlupa Regional Trial Court (RTC)’s decision. Image: CONTRIBUTED PHOTO
A copy of the Muntinlupa Regional Trial Court (RTC)’s decision. Image: CONTRIBUTED PHOTO
INQUIRER.net has reached out to Yap’s legal counsel Atty. Raymond Fortun for comment but has yet to respond, as of this writing.
Last January 7, Sotto filed his habeas data petition following the release of the 26-second teaser video of a confrontation scene between lead star Rhed Bustamante and Gina Alajar — as Paloma and Charito Solis, respectively) — wherein Sotto’s name was dropped as the sexy star’s alleged rapist.
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Two days later, the “Eat Bulaga!” host then filed 19 counts of cyber libel against Yap related to the movie’s trailer63jili, seeking moral damages worth P20 million and exemplary damages worth P15 million.
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