Muntinlupa RTC grants Vic Sotto’s habeas data petition, orders Darryl Yap to answer

Vic Sotto shares his reaction after filing cyber libel case vs Darryl Yap for the ‘Pepsi Paloma trailer’ on Thursday, Jan. 9, 2025 at the Muntinlupa RTC. INQUIRER.NET/JESSICA ANN EVANGELISTA PHOTO
Vic Sotto shares his reaction after filing cyber libel case vs Darryl Yap for the ‘Pepsi Paloma trailer’ on Thursday, Jan. 9, 2025 at the Muntinlupa RTC. INQUIRER.NET/JESSICA ANN EVANGELISTA PHOTO

Court orders removal of promotional materials in Pepsi Paloma movie related to actor

EVEN before Vic Sotto filed his cyber libel complaint against film director Darryl Yap, the actor-host already initiated the filing of a petition for the issuance of the writ of habeas data, seeking the removal of any information about him used in the promotion of the upcoming film about the late ’80s sexy actress Pepsi Paloma.

The habeas data petition was filed January 7 and was raffled to Branch 205 of the Muntinlupa City Regional Trial Court under Presiding Judge Liezel Aquiatan.

In an order dated January 9, the court granted the issuance of the writ of habeas data and directed respondent Yap to reply to Sotto’s petition within five days.

A writ of habeas data is a legal remedy that allows a party to be free from threats to his privacy from individuals engaged in gathering or collecting information on a particular case. This recourse is usually resorted to by victims of politically motivated crimes but may also be applied by ordinary citizens in order to release information or to update, rectify, suppress, or destroy databases, information, or files in the control of the respondents in a petition.

“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 (5) days from receipt thereof in accordance with Section 10 of A.M. No. 08-1-16-SC,” the order stated.

The court likewise set a summary hearing for the case on the morning of January 15, 2025.

According to Sotto’s legal counsel, Enrique dela Cruz, the court granted their petition before the cyber libel complaint also at the Muntinlupa RTC, resulting in the order for the removal of all related posts about Sotto in relation to Yap’s upcoming film, “The Rapists of Pepsi Paloma,” which is produced under his own production company, Vincentiments. The film, Yap said, is scheduled to be screened this February.

On Jan. 1, a teaser for the film was released, revisiting the controversial allegations made by the late actress Pepsi Paloma in the 1980s, where she accused Sotto and his colleagues of assault.

INQUIRER.net obtained a copy of the habeas data petition, in which Yap and fellow respondents are enjoined from “further disseminating or causing the dissemination to the public via all platforms of promotional materials, teaser videos, and other materials, digital or otherwise, relative to the film ‘The Rapists of Pepsi Paloma,’ which depict or mention the personal information of petitioner (Sotto).”

Sotto further asked the court to remove and take down such materials from all platforms, and compel the respondents to produce and provide all personal information of petitioner that they collected and processed for the film.

The petitioner further petitioned the court that after hearing the case, issue an order making the writ of habeas data permanent.

Yesterday, Jan. 9, Sotto filed 19 counts of cyberlibel complaint against Yap.He sought civil damages amounting to P20 million. (Jessica Ann Evangelista © Philippine Daily Inquirer)

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