Court orders Yap to remove teaser in all platforms, allows production to proceed

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The Muntinlupa City Regional Trial Court partially granted actor and television host Vic Sotto’s petition for a writ of habeas data against filmmaker Darryl Yap, in relation to the trailer of Yap’s controversial film The Rapists of Pepsi Paloma.

In a 20-page order dated January 24 but made public yesterday, Muntinlupa RTC Branch 205 Presiding Judge Liezl Acquiatan ordered Yap to remove the 26-second teaser from all platforms. The trailer allegedly depicted Sotto as one of the rapists of Pepsi Paloma, which Sotto argued was defamatory.

“Respondent Darryl Ray Spike B. Yap and any person or entity acting on his behalf, including the production team of Vin Centiments, are ordered to delete, take down, and remove the teaser video from online platforms, social media, or any other medium,” the court stated. The court found that the teaser misused information by presenting a conversation between two deceased individuals, which could not be verified.

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However, the court allowed Yap to continue with the film’s production and eventual release. “The court cannot suppress the entire film as it is based on the life story of Pepsi Paloma, where the respondent secured consent from Paloma’s mother and brother, and derives from public records like newspaper clippings and footage,” the ruling explained.

The court did not address the issue of malice or ill motives on Yap’s part, stating that such matters are part of Sotto’s ongoing cyberlibel case. “These are valid matters for determination in the criminal complaint for cyberlibel, which remains under investigation by the Office of the City Prosecutor,” the court added.

Sotto filed the petition on January 7, seeking the removal of teaser videos and promotional materials mentioning his name or portraying him as one of Paloma’s rapists. Two days later, he filed a P35 million cyberlibel complaint against Yap.

The cyberlibel complaint centers on a scene in the teaser where Sotto’s name is mentioned during a confrontation between characters portrayed by Gina Alajar and Rhed Bustamante. Alajar allegedly plays Charito Solis, while Bustamante portrays Paloma, whose real name was Delia Duenas Smith. Paloma was a rising actress who was allegedly sexually abused by three showbiz personalities before dying by suicide three years later.

Meanwhile, Yap took to social media yesterday afternoon to thank his supporters:

“[H]indi pa rin po ako maaaring magbigay ng tuwirang pahayag sa usaping legal ngunit nais ko pong ipaabot ang aking pasasalamat sa mga nagpapahayag ng kanilang suporta at nananalangin para sa kapakanan ng pelikula,” he said.

Yap also welcomed the court’s decision to allow the film’s release, adding that the next step is to submit the film for review by the Movie and Television Review and Classification Board (MTRCB). “Susunod po tayo sa mga pamantayan kahit gaano ito kabusisi. Maghintay lamang po tayo,” Yap said.

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