Actor and television host Vic Sotto filed 19 counts of cyber libel before the Muntinlupa Regional Trial Court on January 8, 2025, against director Darryl Yap. The complaint stems from the mention of Sotto’s name in the teaser for Yap’s upcoming movie, The Rapists of Pepsi Paloma, which Sotto claims was released without his consent.
Sotto was accompanied by his wife, actress Pauleen Luna, when he filed the case for a violation of Republic Act 10175, or the Cybercrime Prevention Act of 2012, in relation to Articles 353 and 355 (libel) of the Revised Penal Code.
Under the rules of procedure, criminal complaints such as Sotto’s may be directly filed in court. However, the court may remand the case to the prosecutor’s office for further investigation, either through an inquest or a more extensive preliminary investigation.
Sotto’s legal counsel, Atty. Enrique “Buko” Dela Cruz, told reporters that Yap could not use “creative license” as a defense to defame someone. Dela Cruz emphasized, “We are the products of the choices we make. Walang proteksyong ibinibigay ang batas sa libel. So, hindi mo puwedeng gamitin ang creative license bilang depensa sa libel (The law does not protect against libel. So, you cannot use creative license as a defense in libel).”
The complaint accuses Yap of “willfully and deliberately posting several public, malicious, and defamatory statements” on his social media accounts, which Sotto claims have damaged his reputation.
“The freedom of expression, like all cherished rights, is never absolute. The exercise of a ‘right’ cannot infringe on another person’s rights,” the complaint reads.
Sotto also described Yap as a “clout chaser” who used social media to generate buzz for his film. He stated, “In his desire to earn more money, he openly accused me of being a rapist. It is high time for the respondent to realize that free speech does not afford him unbridled license to ruin another person’s hard-earned reputation.”
Sotto has asked the court to award him no less than P35 million in damages, broken down into P20 million for moral damages and P15 million for exemplary damages.
“Due to the malicious and defamatory posts made by the respondent, I have been subjected and continue to be subjected to public ridicule and contempt. The social humiliation has caused me to suffer from mental anguish and serious anxiety due to my tarnished reputation and destroyed credibility. As such, the respondent should be made liable to pay moral damages in the amount of at least P20,000,000,” the complaint stated.
The complaint also sought exemplary damages, stating, “In this case, the respondent must be held liable for exemplary damages in order to prevent others from committing similar offenses. His posts are so reprehensible that he must be held liable to pay exemplary damages in the amount of at least P15,000,000.”
The total amount requested does not include potential actual damages that Sotto could incur if any of his endorsement contracts are canceled as a result of the controversy.
Dela Cruz also confirmed that the court granted their request for a writ of habeas data, which mandates that all postings related to Yap’s film be stopped immediately.
“In the meantime, the writ was issued so it means yung hinihiling namin sa writ was granted by the court. Ititigil po muna lahat nung mga postings,” Dela Cruz stated. He also cautioned the public against sharing or posting about the film while it is under legal scrutiny.
A writ of habeas data is a legal petition requesting that the court compel a respondent to delete or destroy damaging information.
The writ of habeas data is separate from the cyber libel charges, with Dela Cruz confirming that the habeas data plea was filed earlier this week.
At the center of the cyber libel complaint is the mention of Sotto’s name in the trailer for “The Rapists of Pepsi Paloma” 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 (real name Delia Duenas Smith) 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.
