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