Darryl Yap faces cyberlibel case at Muntinlupa RTC for ‘Pepsi Paloma’ teaser video

Darryl Yap. Photo from his Facebook page

Government prosecutors are filing two informations for cyberlibel against Darryl Yap before the Muntinlupa Regional Trial Court after finding prima facie evidence against the filmmaker in connection with the controversial teaser of his film, “The Rapists of Pepsi Paloma” (TROPP). 

The case stemmed from the 19 counts of cyberlibel complaints filed by TV host-actor Vic Sotto last January. Sotto alleged that Yap’s teaser made him appear as the supposed rapist of the late 80’s sexy star, Pepsi Paloma, thus, he sought damages amounting to P35 million.

In the Information filed by Assistant City Prosecutor Elvin Keith Barrios, the prosecutors found probable cause against Yap for violation of Articles 353 and 355 (libel) of the Revised Penal Code, in connection with violation of the cybercrime law, accusing him of “willfully, unlawfully and feloniously” composing, preparing and posting the teaser video of his film that tend to tarnish his reputation..

The teaser which involved an exchange between actress Gina Alajar playing Charito Solis and Rhed Bustamente, portraying the late young Paloma, allegedly implied that Sotto raped her and that he could be responsible for the actress’ demise.

“The above-named accused, being a film director, screen writer and producer, using his personal Facebook account named ‘Darryl Yap,’ which account can only be accessed using information or computer technologies or through a computer system, with deliberate and malicious intent to tarnish or cast dishonor upon the reputation of one MARVIC ‘VIC’ SOTTO y CASTELO or to expose the latter to public contempt, hatred or ridicule…, did then and there willfully, unlawfully and feloniously compose, prepare, write, publish and post a teaser video of his film entitled ‘The Rapists of Pepsi Paloma’ (TROPP),” the prosecutors stated.

Court document

Yap’s action resulted in “attributing or ascribing to the latter [Sotto] the commission of the crime of rape against deceased actress Pepsi Paloma, or that said complainant was a rapist, thereby exposing the latter to public contempt, hatred, dishonor or ridicule or causing the latter’s reputation to be tarnished, to the damage and prejudice of [Sotto].

The cyberlibel charge carries a penalty of up to six years in prison without regard to a fine. The recommended bail for each count is P10,000.

The prosecutors filed the Information before the Muntinlupa RTC, which is then expected to raffle the case before one of its branches.

Prior to filing the cyberlibel complaint before prosecutors, Sotto had already filed a habeas data petition before the Muntinlupa RTC, which eventually partially granted his petition that sought to prevent Yap from using his name or any information on him in any part of his film or promotional materials.

Yap filed a motion seeking to consolidate the habeas data case and the cyberlibel complaint, but the court rejected the petition, noting that the “two legal actions are inherently distinct in nature.”

At the time, the Muntinlupa RTC also issued a gag order on both camps to refrain all parties from speaking about the contents and matters related to the case.