Hayden says sorry for sex videos

MANILA, Philippines – Embattled cosmetic surgeon Hayden Kho has apologized after admitting responsibility for the sex videos featuring himself with various women, but denied uploading these on the Internet and their reproduction on digital videodiscs (DVDs) sold on city sidewalks.

“I own up to my responsibility as a professional, and have decided to suspend my practice of medicine,” Kho said in a one-page statement released yesterday by one of his lawyers, Jose Paolo Patajo of the Kapunan Lotilla Garcia and Castillo Law Office.

“This incident has had a mental and emotional effect on my being – as well as, I am sure, on those who find themselves as victims of this episode. I recognize that the root cause of this deserves deeper internal analysis, therefore I have been undergoing professional counseling since December,” said Kho.

Actress Katrina Halili, one of the women in the sex videos, is pursuing a case against Kho for psychological violence, under Section 5 of Republic Act 9262 or Anti-Violence Against Women and Their Children Act, said Assistant Regional Director Vicente de Guzman III, chief of the National Bureau of Investigation Anti-Fraud and Computer Crimes Division (AFCCD), the unit investigating the case.

Kho said that without his knowledge and consent, the video recordings were uploaded on the Internet, downloaded, reproduced in DVD form, distributed and sold to the public.

He said the filming of an intimate, strictly personal and private act is most unfortunate and truly regrettable.

“I sincerely apologize for the harm it has done to other parties. I must emphasize that there was no malice on my part, or intention to hurt anyone with these recordings,” he also said.

Kho said he earlier chose not to make any statement regarding the controversy over private video recordings that have been shown on the Internet and reproduced in DVD form without his knowledge.

However, with so many versions, speculations and interpretations about this topic, he had to issue a statement.

He requested lawyer Lorna Kapunan to be his legal counsel, and to speak on his behalf for the time being.

“At this stage, I realize I cannot expect understanding and forgiveness, I can only pray that this comes in due time,” he said.

Kapunan, a well-known women’s rights lawyer, told radio dzBB that she is now Kho’s legal counsel.

“My accepting (Kho’s case) is conditioned on his admission of guilt to the perversity of his acts. And I heard and saw from him his genuine repentance,” Kapunan said.

“This is not a gender crime but I’m not saying he’s (Kho) not guilty. He’s human and is entitled to human rights, too,” she said.

Kapunan said Kho is willing to face the consequences of his acts.

Kapunan said Kho told her that he had personally apologized to Halili for the pain and public humiliation he caused her.

Kho had voluntarily suspended his medical practice after Halili filed a separate immorality complaint against him at the Professional Regulation Commission (PRC).

Kapunan clarified that while Kho had admitted his guilt for making the sex videos himself, the controversial doctor is innocent of uploading the videos on the Internet and the distribution of DVD copies of the videos.

She said Kho made the sex videos apparently while under the influence of drugs, before he started undergoing counseling last December.

Meanwhile, two lawyers representing Kho and two others representing Dr. Vicki Belo met NBI assistant regional director De Guzman yesterday afternoon.

Both Kho and Belo were not around during the lawyers’ visit to the NBI.

Patajo said they have nothing else to say after they received a copy of the complaint filed against Kho.

He said that they already want to get the copy so that they would be able to prepare a counter statement.

“Hindi ko pa siya nakakausap (I have not spoken to him) at this moment. He (Kho) is also a victim. You can read the statement. No comment for now,” said Patajo.

Lawyer Peter John Javier, who is representing Belo, said they do not want to make any comment right now because they still do not know what the case is all about.

“Her (Belo’s) initial reaction, of course, she was surprised upon learning she was caught in this investigation. Unfortunately, she has a commitment this afternoon. She has some patients to see. She is willing to cooperate in any way possible. She is not involved in the matter whatsoever. They’re friends (Kho and Belo), but of course, Dra. Belo would not condone any crime,” said Javier. 

De Guzman said they are investigating the case and wanted Belo and Kho to explain their side after Halili mentioned them in her statement.

Sen. Ramon Revilla Jr. accompanied Halili to the NBI last Wednesday.

De Guzman said Eric Chua, who was also summoned by the NBI, failed to appear at the bureau yesterday, and did not send a lawyer or representative.

There were reports in an online blog that Chua had left for the US.

Chua is connected with the GigaHertz Computer Systems, a company located at No. 426 P. Casal corner Balmes St. in Quiapo, Manila.

“About Chua, there are summons for him. Perhaps let’s give him a chance to prepare, because kailangan daw niya ng (he needs) lawyer. We will give him another notice to present his side in our investigation. We will send another subpoena,” said De Guzman.

Kho surfaces, speaks out

Kho told mediamen in an undisclosed place in Makati, that he is also a “victim” since the videos were stolen from him.

He asked for forgiveness from his family, friends, and the women involved in the videos.

“I deeply regret everything that has happened because of poor judgment. Nagsisisi na po ako sa dami ng mga nadamay, sa dami ng mga nasaktang tao, dahil may nagnakaw at nagkalat nung videos,” Kho said.

“Right now, I only feel deep remorse. I know it’s too much to ask for forgiveness right now, someday people would learn to condemn the sin and not the sinner,” he said.

Sen. Miriam Defensor-Santiago said Kho could be prosecuted under Republic Act 9262, or the Anti-Violence Against Women and Their Children Act, for committing “psychological violence” against Halili.

Halili accused Kho of videotaping their sexual encounters without her knowledge and consent. The videos have since surfaced on the Internet and copies in DVD format are being peddled in the streets.

Under RA 9262, “psychological violence” refers to acts or omissions causing or likely to cause the mental or emotional suffering of the victim, such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse, and marital infidelity.

Santiago said that under the law, a person who had a sexual or dating relationship with a woman was guilty of committing psychological violence against her through acts causing her mental or emotional anguish, public ridicule or humiliation.

She said if Kho is found guilty by a trial court of committing psychological violence against Halili, he faces six years to 12 years in prison, and a fine of not less than P100,000 but not more than P300,000. He must also undergo mandatory psychological counseling or psychiatric treatment under the watchful eye of the trial court.

Santiago said Kho could not escape criminal liability by claiming the defense of insanity. According to media reports, Kho allegedly attempted suicide in the past.

“The Supreme Court has already ruled in countless cases that insanity exists when there is a complete deprivation of intelligence in committing the act,” Santiago explained. 

“For the defense of insanity to be persuasive to the court, the accused must be completely deprived of reason or acts without the least discernment, because of a complete absence of the power to discern or total deprivation of the freedom of the will,” she said.

The sex video that circulated in the Internet clearly showed that Kho set up the camera, carefully angled it, and positioned Halili so that their act would be caught on tape.

“The whole episode would require intelligence, care, planning, and subterfuge. That is contrary to the definition of insanity as ‘total deprivation of freedom of the will,’” Santiago said.     

PRC probes raps against Kho

The PRC has ordered Kho to answer the complaint of immoral and unethical conduct filed against him by Halili.

Lawyer Pharson Mamalo, PRC legal division chief, said they already summoned Kho.

“We already sent the summons containing the copy of the complaint against him and we asked him to file his counter-affidavit within 15 days upon receipt of the summons,” Mamalo said.

Mamalo said that based on the complaint filed by Halili there seems to be a prima facie case against respondent Kho, although there is no presentation of evidence yet and due process must be given to the doctor.

In a complaint filed before the PRC, Halili sought the revocation of Kho’s medical license for taking a video of their sexual liaison without her consent and uploaded the videos on the Internet.

Mamalo said the PRC’s Medical Board and legal division might schedule a pre-trial on the complaint.

“We will have to determine during the trial whether the doctor really took the video, if she really is not aware that the video was taken and if such act violated ethical standards,” Mamalo explained.

Mamalo said the Medical Board and the PRC will come out with a decision soon after the pre-trial but Kho may elevate the case before the Court of Appeals and even before the Supreme Court if the decision is not in his favor.

Meanwhile, the Actors Guild of the Philippines expressed support for Halili in her fight for justice for the mental and emotional suffering caused by the sex videos.

“The guild will be with her every step of the way,” said Tirso Cruz III, president of the Actor’s Guild.

The National Commission on the Role of Filipino Women (NCRFW) condemned the abuse against women through the filming of their sexual encounters with partners.

NCRFW chair Myrna Yao denounced the filming by Kho of his sexual dalliances with women without their knowledge, and allegedly sharing the video with friends and uploading it on the Internet.

“We would assume that a man’s discreet filming of his own sexual encounters and sharing it with others would be for the purpose of bragging about his sexual prowess, if not for his shot at fame, at the expense of his partner. While it is true that both the man and woman are publicly exposed in the video, we should be reminded that the man made the choice to be filmed, while the woman did not,” Yao said. With Marichu Villanueva, Mayen Jaymalin, Pia Lee-Brago, Aurea Calica