The National Bureau of Investigation (NBI) recommended Friday the filing of a case of violation of Anti-Violence Against Women and Children Act against Dr. Hayden Kho before the Department of Justice (DoJ) in connection with the sex video featuring him and actress Katrina Halili.

In a transmittal forwarded by Chief State Prosecutor Jovencito D. Zuno, the NBI recommended the filing of violation of Section 5 (h) and (i) of RA 9262 otherwise known as the Anti-Violence Against Women and Children Act.

The criminal complaint stemmed from the complaint lodged by Maria Katrina Irene Pe Halili, 23, movie actress, and resident of 11th St. corner Victoria St., New Manila, Quezon City.

Investigation conducted by the NBI Anti-Fraud and Computer Crimes Division (AFCCD) showed that the recording of the sex video of Halili and Kho occurred at the Holiday Inn, Ortigas Center, Pasig City in September 2007.

In her sworn statement to the NBI, Halili claimed that she met Kho sometime between June and July 2007 when she went to the Belo Medical Group, which is owned and operated by Dr. Vicki Belo, in order to have liposuction which was incidentally performed by Kho.

“That at first, her relationship with Dr. Kho was purely professional - one of doctor and patient, as it was common knowledge that the latter and Dr. Belo were sweethearts. That their courtship started immediately thereafter characterized by exchange of sweet nothings through text messages until they finally became sweethearts in August 2007. That being lovers they would discretely see each other and they would engage in lovemaking,” said Halili in her complaint.

She further said: “That during the relationship, Dr. Kho repeatedly assured her that he loves her so much and explained that the matter of the latter’s maintenance of two ‘sweethearts’ had something to do with his having two ‘lives’ where in the second life, she was the girlfriend.”

Halili decided to end her relationship with Kho out of respect for Dr. Belo but still continue to exchange text messages. In January 2008, she decided to finally end their relationship despite Kho’s insistence of reconciliation.

In recommending the filing of case against Kho, NBI director lawyer Nestor Mantaring and Deputy Director for Special Investigative Services lawyer Victor Bessat, cited the result of psychological evaluation made by NBI Neuro Psychiatric Division (NPD) as one of the grounds.

Halili, according to NBI findings, was found to be suffering from an adjustment disorder with depressed mood.

The NBI-NPD recommended that Halili undergo psychotherapy to help her adapt to her current stressful situation.

Halili insisted that she did not know that the sex act was recorded. She lost television projects and endorsements even before the actual release of the sex video amid reports that there was such a video.

Before the release of the video, Kho said in Yes Magazine that there was no such video and that the only video they had was the one showing them practicing for a dance.

Meanwhile, businessman Eric Johnston Chua denied on Wednesday that he was responsible for the upload of the controversial sex video on the Internet as he submitted his affidavit at the NBI.

“I have nothing to do with the upload,” he told reporters after a closed-door meeting with NBI officials.