TV host and actor Vic Sotto and director Darryl Yap faced each other in a Muntinlupa court on Jan. 17 over a case related to a teaser video of the controversial film “The Rapists of Pepsi Paloma.”
Sotto and Yap appeared before the Muntinlupa Regional Trial Court Branch (RTC) 205, which conducted a summary hearing on the actor’s petition for writ of habeas data.
In the petition, Sotto is asking the court to remove the teaser video and promotional materials for the film that depicted or mentioned his “personal information or sensitive personal information.” Sotto’s name was mentioned in the film teaser.
Vic Sotto (left) and Darryl Yap (Photos: Jonathan Hicap, Darryl Yap's Facebook account)
The two did not discuss the case before the media as they were barred by the court in a gag order it issued.
As he was getting out of the Muntinlupa Hall of Justice, Yap told the media, “I’m okay. I’m still finishing the movie.”
When asked if the movie will be shown, Yap said, “Dapat.”
Sotto did not talk to the media but only said, “Thank you.”
Besides the petition for writ of habeas data, Sotto also filed 19 counts of cyber libel against Yap before the Muntinlupa Prosecutor’s Office due to the “Pepsi Paloma” movie teaser .
He is seeking P35 million in damages from Yap–P20 million for moral damages and P15 million for exemplary damages.
In the complaint-affidavit he filed, Sotto stated that "despite having knowledge that the criminal case filed by Pepsi Paloma against me was dismissed, respondent [Yap] framed the teaser video in a way that it explicitly identified me as the supposed rapist of Pepsi Paloma."
In the film trailer released on Jan. 1, Charito Solis (played by Gina Alajar) asked Paloma (played by Rhed Bustamante), "Ipaliwanag mo sa akin! Magsabi ka sa akin! Ipaliwanag mo... Dahil hindi ko naiintindihan! Pepsi sumagot ka! Ni-rape ka ba ni Vic Sotto? (Explain to me! Tell me! Explain... Because I don't understand! Pepsi, answer me! Did Vic Sotto rape you?).”
Paloma shouted, "Oo! (Yes!)."
The summary hearing was conducted after the Muntinlupa court denied Yap’s motion to consolidate the petition for writ of habeas data with the cyber libel complaint.
Under Sec. 16 of the Supreme Court's Rule on Writ of Habeas Data, the court will issue a decision on the petition within 10 days.
"If the allegations in the petition are proven by substantial evidence, the court shall enjoin the act complained of, or order the deletion, destruction, or rectification of the erroneous data or information and grant other relevant reliefs as may be just and equitable; otherwise, the privilege of the writ shall be denied. Upon its finality, the judgment shall be enforced by the sheriff or any lawful officer as may be designated by the court, justice or judge within five (5) work days,” the rule stated.