Vic Sotto files cyber libel complaints vs film maker

MANILA, Philippines — TV host and actor Vic Sotto yesterday filed a lawsuit against director Darryl Yap over the promotional materials for Yap’s upcoming film, “The Rapists of Pepsi Paloma.”

A total of 19 counts of violation of Section 4 of Republic Act 10175, commonly known as the Cybercrime Prevention Act of 2022, were filed. The complaint also seeks P35 million in moral and exemplary damages.

The legal complaint stems from allegations that the movie trailer implicates Sotto in a decades-old controversy involving the late actress Pepsi Paloma, whose real name was Delia Dueñas Smith.

The cyber libel case follows an earlier legal action initiated by Sotto. On Jan. 7, the actor filed a petition to issue a writ of habeas data at the Muntinlupa City Regional Trial Court, seeking to remove promotional materials and information linking him to the film. The petition, raffled to Branch 205 under Presiding Judge Liezel Aquiatan, was granted on Jan. 9.

The court found Sotto’s petition sufficient in form and substance and issued the writ of habeas data.

“Finding the Petition sufficient in form and substance, let a writ of habeas data issue directing respondent Darryl Ray Spyke B. Yap to submit a verified return of the writ within five days from receipt thereof in accordance with Section 10 of A.M. No. 08-1-16-SC,” the order stated.

The court also scheduled a summary hearing on Jan. 15 to evaluate the merits of the petition and instructed the parties to present their evidence related to the case on that date.

Sotto’s legal counsel, Enrique dela Cruz, confirmed that the court ordered the temporary halt of all promotional postings related to the film pending the resolution of the petition.

“In the meantime, the writ has been issued, which means that what we requested in the writ has been granted. All postings, etc., will temporarily be stopped; in the meantime, Yap has been asked to respond to our complaint,” Dela Cruz stated.

In his affidavit, Sotto argued that Yap’s promotional materials violated his privacy rights and subjected him and his family to threats. Dela Cruz further noted that the release of the materials has led to the family receiving online threats of assault, particularly his minor daughter and wife actress and host Pauline Luna, who also appeared during the filing.

“Due to the malicious and defamatory posts made by respondents, our client and his family have been subjected and continue to be subjected to public ridicule and contempt. His wife and daughter have been receiving threats of physical harm because of the online posts of Mr. Yap,” Dela Cruz noted.

Dela Cruz further emphasized that the rape allegations against Sotto 42 years ago were false and that the case filed by Paloma in 1982 had been dismissed. Sotto alleged that Yap deliberately omitted the case’s dismissal in promotional content, misleading the public.

Yap’s film revisits the controversial allegations made by Pepsi Paloma in the 1980s, where the actress accused Sotto and his colleagues of assault. The 17-second teaser for the movie, released on Jan. 1, reignited discussions about the case.

Following Sotto’s case filing against him, 38-year-old filmmaker Darryl Yap shared on his Facebook page that anyone has the right to file a case. He wrote: “Anyone is free to file a complaint, no one has a monopoly on justice, especially when it comes to the truth. Anyone is free to file a complaint to make the truth clearer. Because in the end, the truth is the only defense against all questions.”

In response to a comment on one of his Facebook posts from Jan. 6, Yap admitted that he did not consult the accused parties involved in the issue before writing the script for the film. He first announced the project in December. On Jan. 7, Yap said that he had been in contact with the Smith family whose perspectives will be featured in the film.

Yap, through his production company Vincentiments, plans to release the film in February 2025. However, the court order temporarily prohibits any promotional content mentioning Sotto’s name or using his personal information.