The Muntinlupa City Regional Trial Court yesterday rejected the request of filmmaker Darryl Yap to consolidate the 19 cyber libel complaints and writ of habeas data petition filed by actor and television host Vic Sotto over the controversial film The Rapists of Pepsi Paloma.
Muntinlupa RTC Branch 205 Presiding Judge Liezel Aquiatan said Yap’s motion was “devoid of merit.”
Aquiatan added that Yap’s plea to consolidate the two is also “legally impermissible.”
“The two legal actions are inherently distinct in nature, purpose, jurisdiction, and procedure,” the judge explained in her ruling, adding that cyber libel complaint is a criminal case and follow the procedural rules set in the Revised Rules of Criminal Procedure while habeas data proceedings are governed by its own rules.
“The petition and the criminal complaint are pending before distinct forums and are governed by separate procedural frameworks. Thus, consolidation is legally impermissible. Each case must proceed independently within its respective forum,” the judge added.
The writ of habeas data is a remedy available to any individual whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party.
With this, Aquitan ordered that the summary hearing for Sotto’s petition for the issuance of a writ of habeas data proceed today, January 17.
To recall, Sotto filed the petition for the issuance of a writ of habeas data on January 7 requesting the court to order the removal of teaser videos and promotional materials for Yap’s film that mentioned or depicted his personal or sensitive information, including the one that mentioned he is one of Paloma’s rapists.
Two days later, Sotto filed a P35 million cyber libel complaint against Yap before the court.
At the center of the cyber libel complaint is the mention of Sotto’s name in the trailer of Yap’s film as one of Paloma’s rapists during a confrontation scene of Gina Alajar with former child actress Rhed Bustamante.
Alajar allegedly portrays Charito Solis, while Bustamante plays Paloma, whose real name was Delia Duenas Smith.
Paloma was a rising sexy actress when she was allegedly sexually abused by three showbiz personalities.
She died three years later, with the police ruling it as a suicide.
In a related development, Aquiatan denied Sotto’s plea to issue a show cause order against Yap the judge also denied Sotto’s motion over a post that supposedly defied the court’s gag order.
“Upon review of the respondent’s actions, it appears that the respondent’s post merely reiterates the Court’s directives with minor deviations. Nonetheless, the respondent is reminded of the gag order and is sternly warned that any future violations will result in severe consequences,” Aquiatan added in the same order.
The gag order covers both parties in the case barring them from disclosing or discussing the proceedings and merits of the case.