Court dismisses case vs Hayden

MANILA, Philippines - Citing insufficiency of evidence, a Pasig City judge dismissed yesterday the case against Hayden Kho Jr. regarding his sex video with actress Katrina Halili, which circulated on the Internet last year.

Judge Rodolfo Bonifacio of the Pasig City regional trial court (RTC) branch 159 also dismissed for lack of merit the P100-million civil damages claimed by Halili against Kho.

In his 10-page decision penned Dec. 10, Bonifacio granted the demurer to evidence filed by Kho, which in layman’s terms is equivalent to motion to dismiss in a civil case.

The Department of Justice (DOJ) filed a case of violation against women and their children against Kho before the Pasig RTC Dec. 7 last year after the sex video of the accused and Halili circulated on the Internet.

To date, the National Bureau of Investigation (NBI) has not yet established who uploaded the sex video, which circulated all over the world.

Bonifacio pointed out in his decision that Halili’s admission during the Senate hearing last May 8, 2009 that she consented to the taking by the accused of three prior video recordings showing her and the accused together performing salacious acts “clearly indicates that she agreed to the taking, or at the very least knew, of the subject sex video recording.”

The judge also noted that during an ocular inspection at the hotel where the sex act was committed, the camera used in video recording must have been placed where it was not hidden from Halili.

Citing facts and circumstances, Bonifacio concluded that the video recording cannot be possible without the private complainant’s knowledge because the camera was situated in an open and unconcealed place.

The court found the evidence insufficient to prove that the sex video was taken without Halili’s knowledge.

Bonifacio noted that Kho’s mere taking of the sex video without Halili’s knowledge and consent is not yet a violation of Republic Act 9262 otherwise known as Anti-Violence against Women and their Children Act of 2004.

It becomes a crime only when the said act “alarms or causes substantial emotional or psychological distress to the woman,” the decision reads.

Kho’s lead counsel Lorna Kapunan was not present during the supposed presentation of evidence but held a brief conference at her office in Taguig City.

“We are happy that the court ruled that there is no basis to the cases filed against Hayden,” she said.

Kapunan said the court’s decision would also be used to convince the Professional Regulation Commission (PRC) to lift the revocation of Kho’s medical license.

“It’s frustrating,” said Halili’s lawyer Raymond Palad as he vowed to file an appeal.

“It is not an acquittal for Hayden who refused to take the witness stand. We believe that justice will be on our side at the end of the day,” Palad said, adding the decision was “just a temporary setback.”

No license, no medical practice

But Kho’s victory in court does not mean anything to the PRC and the Philippine Medical Association (PMA).

The PRC yesterday said that the court decision acquitting Kho on criminal charges had no bearing on immorality charges pending before the Commission.

“The court case has nothing to do with the revocation of his license. These are two different cases, the one pending before the PRC is administrative,” explained PRC’s medical board member Dr. Restituto Ocampo.

Ocampo said the PRC medical board previously revoked the medical license of Kho after finding him guilty of immorality and dishonorable act of taking video of his sexual relations with Halili.

“Ethical concerns are different from legal concerns. The PMA has found him guilty of violating our Code of Ethical Standards and it has nothing to do with the law,” PMA president Dr. Oscar Tinio said.

Kho, a cosmetic surgeon, was suspended by the PMA due to “conduct offensive to the profession” and was suspended by the PRC for two years on that basis.

Tinio said that the PMA’s decision against Kho is still in effect as their ethical standards are not “under the jurisdiction of the law.”

Ocampo said Kho’s legal counsel filed a motion for reconsideration of the PRC board’s decision to revoke his license, but they junked the petition.

“The Board rejected their appeal so Kho’s lawyers filed another motion for reconsideration before the Commission, which is still unresolved until this time,” he said, adding that Kho may file a motion before the PRC for the reinstatement of his license after its revocation.

Kho may elevate the case before the Court of Appeals and even before the Supreme Court if the decision of the board is against him.

Meanwhile, Sen. Ramon Revilla Jr. said the decision is a black eye in the campaign on the violence against women.

“I am saddened because I have faith that there will be justice. The public was waiting for justice to be served to Katrina and all women,” he said.

Revilla said the sex video, which was highly publicized in the media and the Internet, showed how Kho committed wrongdoing.

“It is clear to everyone. It was clear in the eyes of the public what could have been the outcome of this case,” the senator said.

He said the decision was surprising but urged the people to respect the decision because Halili has other legal remedies and justice will be served ultimately. – Mayen Jaymalin, Sheila Crisostomo, Christina Mendez