Vic Sotto files cyberlibel case against Darryl Yap over Pepsi Paloma teaser
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Actor-Comedian Vic Sotto filed a complaint for 19 counts of cyber libel on Thursday before the Muntinlupa City prosecutor’s office, which includes a civil claim for damages of not less than P35 million against movie director Darryl Yap over the upcoming film The Rapists of Pepsi Paloma.
Sotto’s complaint, whose real name is Marvic Castelo Sotto, stemmed from including his name in Yap’s upcoming movie, which was prominently mentioned in its trailer.
Paloma in the teaser, portrayed by former child star Rhed Bustamante, is asked by actress-filmmaker Gina Alajar (playing Charito Solis) if she was raped by Vic which Pepsi loudly responds, “Yes!”
Born Delia Dueñas Smith, Paloma was a rising starlet when she was allegedly raped by three prominent showbiz figures in 1982 at just 14 years old.
Though her death three years later was officially declared a suicide, controversies surrounding the alleged rape and the identities of those implicated have lingered for decades.
Vic in his complaint, charged Yap, whose full name is Darryl Ray Spyke B. Yap, with multiple violations of Section 4(c)(4) of Republic Act No. 10175, or the Cybercrime Prevention Act of 2012, in relation to Articles 353 and 355 of the Revised Penal Coded.
Vic accused Yap of “willfully and deliberately posting several public, malicious, and defamatory statements” on his Facebook pages, which he claimed damaged his reputation.
In his complaint, Vic stated, “The freedom of expression, like all cherished rights, is never absolute. The exercise of a ‘right’ cannot infringe on another person’s rights.”
“In this case, the respondent is a clout chaser using his social media platforms to garner attention for his film. In his desire to earn more money, he openly accused me of being a rapist.”
Sotto added that 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.
He further alleged that Yap’s posts have exposed him to public ridicule and contempt, leading to mental anguish and serious anxiety due to his tarnished reputation and credibility.
Vic on the civil aspect of the case, is seeking P20 million in moral damages, citing the emotional and psychological toll of the allegations, and P15 million in exemplary damages “to deter others from committing similar offenses.”
The complaint said, “In this case, the respondent must be held liable for exemplary damages to prevent others from committing similar offenses. His posts are so reprehensible that he must be held accountable.”
Also, the does not include actual damages for potential loss of revenue if Sotto’s endorsement contracts are adversely affected by Yap’s posts.
