Film director Darryl Yap pleaded not guilty to two cyber libel cases filed by actor and TV host Vic Sotto during his arraignment at a Muntinlupa court on Tuesday, June 3. The charges stem from Yap’s teaser for the controversial film “The Rapists of Pepsi Paloma.”
Yap was arraigned at the Muntinlupa Regional Trial Court Branch 203, which is hearing case Nos. 25-271 and 25-272 for libel in relation to the Cybercrime Prevention Act of 2012.
“Director Darryl Yap pleaded not guilty to both charges of cyber libel,” said Raymond Fortun, Yap’s lawyer, after the arraignment.
Last Jan. 9, Sotto filed a complaint with the Muntinlupa Prosecutor’s Office for 19 counts of cyber libel against Yap.
Sotto was not present during Yap’s arraignment.
In March, the Muntinlupa City Prosecutor’s Office resolved the complaint and filed two counts of cyber libel against Yap for the teaser which was posted on the Facebook accounts of Yap and VinCentiments.
“After thorough evaluation of the allegations and supporting evidence submitted by both parties, we find prima facie evidence, with reasonable certainty of conviction, to hold respondent Darryl Ray Spyke Yap y Balingit liable for two (2) counts of Libel under Arts. 353 and 355 of the Revised Penal Code, as amended by R.A. 10951 in relation to Sec, 4 (c) (4) of R.A. 10175, otherwise known as the Cybercrime Prevention Act of 2012,” the prosecutor’s office stated in a resolution.
“The Rapists of Pepsi Paloma” stars Rhed Bustamante as Paloma, Gina Alajar as actress Charito Solis, Mon Confiado as Paloma’s manager Rey Dela Cruz, Rosanna Roces as Divina Valencia, Andres Balano Jr. as Richie D’Horsie and Shamaine Buencamino as Lydia Duena Whitley, Paloma’s mother.
In the film trailer released on Jan. 1, Solis (Alajar) asked Paloma (Bustamante), “Ipaliwanag mo sa akin! Magsabi ka sa akin! Ipaliwanag mo… Dahil hindi ko naiintindihan! Pepsi sumagot ka! Ni-rape ka ba ni Vic Sotto?
Paloma shouted, “Oo! (Yes!).”
POSSIBLE SETTLEMENT
The court set the first trial date on Aug. 19, but before proceedings commence, Fortun and Enrique Dela Cruz Jr., Sotto’s lawyer, said the two parties will undergo a mandatory mediation conference.
Fortun explained that during the mediation, a mediator will attempt to help both parties reach an agreement to avoid trial.
Regarding a possible settlement, Fortun said, “There’s always room for settlement. There’s always room for parties to reconcile.”
Dela Cruz, however, said they have not talked to Sotto if he is open to any amicable settlement with Yap.
“Bago magsimula ‘yung trial, laban tayo ‘no. ‘Yun ang instruction niya sa amin. Hindi pa namin siya ulit nakakausap kung open siya sa amicable settlement. We’ll ask him again,” he said.
He said Sotto will appear in the Aug. 19 trial as he will be presented as a witness.
Dela Cruz said their evidence is strong and they believe that they will win the case.
“The Rapists of Pepsi Paloma” was not released in the Philippines due to the legal requirements imposed by the Movie and Television Review and Classification Board (MTRCB), which will review the film. (Jonathan Hicap)
