Vic Sotto files P35-M suit over ‘Pepsi Paloma’ trailer

Actor-television host Vic Sotto filed a complaint for 19 counts of cyber libel on Thursday before the Muntinlupa City prosecutor’s office, along with a civil claim for damages amounting to no less than P35 million, against movie director Darryl Yap over his upcoming film The Rapists of Pepsi Paloma.

Sotto's complaint, filed under his real name, Marvic Castelo Sotto, stems from the inclusion of his name in Yap's upcoming film, which was prominently featured in the movie's trailer.

In the teaser, Pepsi Paloma, portrayed by former child star Rhed Bustamante, is asked by actress-filmmaker Gina Alajar (playing Charito Solis) if she was raped by Vic. 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 10175, or the Cybercrime Prevention Act of 2012, concerning Articles 353 and 355 of the Revised Penal Code.

Yap was accused by Vic of “willfully and deliberately posting several public, malicious, and defamatory statements” on Yap’s Facebook pages, which he claimed caused damage to 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 ₱20 million in moral damages, citing the emotional and psychological toll of the allegations, and ₱15 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, he does not include actual damages for potential loss of revenue if Sotto’s endorsement contracts are adversely affected by Yap’s posts.

Lawyer Enrique “Buko” dela Cruz of the Divina Law Office said Sotto’s wife and daughter have been receiving threats of physical harm because of the online posts of Yap.

“The social humiliation has caused our client to suffer mental anguish and serious anxiety due to tarnished reputation and destroyed credibility,” Dela Cruz said.

“Our client has built a good name in the industry. This reputation has now been tarnished by the online posts of Mr. Yap.”

Dela Cruz said that while free speech is a right, it does not give a person the freedom to commit libel.