A Muntinlupa court granted director Darryl Yap’s motion and issued a gag order against TV host and actor Vic Sotto, prohibiting him from disclosing and discussing in public the content that will be submitted related to the film “The Rapists of Pepsi Paloma.”
Presiding Judge Liezel Aquiatan of the Muntinlupa Regional Trial Court Branch 205 issued an order on Jan. 13 approving Yap’s motion for the issuance of a gag order.
In the order, the court stated that Sotto “and any person acting for and on behalf of the petitioner are enjoined from publicly disclosing or discussing the contents of the verified return to be submitted by the respondent [Yap] in this case, as well as any matters learned from the proceedings of this case.”
Vic Sotto (left) and Darryl Yap (Jonathan Hicap, Darryl Yap's Facebook account)
The official poster for the film “The Rapists of Pepsi Paloma” (Darryl Yap's Facebook account)
Aquiatan also ordered Yap and Sotto not to disclose to the public matters related to the writ of habeas data case.
“All parties are directed to observe strict confidentiality in compliance with the sub judice rule, ensuring that the case proceedings and any related matters remain undisclosed to the public until resolved,” it added.
The court order stemmed from a petition for a writ of habeas data filed by Sotto against Yap on Jan. 7 related to the movie teaser of “The Rapists of Pepsi Paloma” wherein his name was mentioned.
Through the petition for writ of habeas data, Sotto is asking the Muntinlupa court to remove the teaser video and promotional materials for the film that depicted or mentioned his “personal information or sensitive personal information.”
“The writ of habeas data is a remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party,” according to the Supreme Court.
In an order dated Jan. 9, the Muntinlupa court ordered Yap to submit a verified return of the writ of habeas data filed by Sotto.
Yap’s lawyer, Raymond Fortun, filed an urgent motion for issuance of gag order with the court.
“Considering, however, that the verified return shall involve a film that has not yet been released to the public and to give full effect to the sub-judice rule, now that the matter is subject of litigation, Respondent [Yap] prays that a Gag Order be issued by this Honorable Court, preventing Petitioner [Sotto] and any person acting for and on his behalf from disclosing the contents of the verified return to the public and enjoining them to dutifully keep in strict confidence the proceedings and matters learned before this Honorable Court,” the motion asked the court.
It added, “Further considering that the verified return shall involve an unreleased film by a prominent director, any disclosure of the verified return would not only violate the Respondent’s [Yap’s] freedom of expression, but it shall also cause grave and irreparable damage to the Respondent’s artistic license and outcome of the film.”
In addition, the Muntinlupa court canceled the summary hearing for the writ of habeas data scheduled on Jan. 15 and reset it to Jan. 17.
The court also ordered Sotto “to file his comment on the Motion for Consolidation. filed by the respondent within three (3) days from receipt of this Order.”
On Jan. 13, Yap, through Fortun, filed a motion for immediate consolidation with motion to cancel the Jan. 15 hearing set by the Muntinlupa court, citing the Rule on Writ of Habeas Data issued by the Supreme Court.
Last Jan. 9, Sotto filed a P35 million cyber libel complaint against Yap with the Muntinlupa Prosecutor’s Office after his name was mentioned in the teaser video of “The Rapists of Pepsi Paloma,” which is set for release in February.