The Muntinlupa Regional Trial Court has rejected the request of filmmaker Darryl Yap.
Pepsi Paloma director Darryl Yap filed a petition to consolidate the writ of habeas data and multiple cyber libel complaints filed by Vic Sotto.
Veteran actor-host Vic Sotto filed a case against Darryl Yap, the director of Pepsi Paloma movie where the former’s name was mentioned and alleged as the late actress’ perpetrator. Multiple cyber complaints were filed against the director that sought total damage of Php 35 million.
He filed 19 counts of cyber libel complaints where Php 20 million of which from the total damage was for the moral damages as “physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, or similar harm” were inflicted.
Apart from this, the writ of habeas data petition filed by Sotto’s camp was also granted by the court.
This is “a remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or of a private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home, and correspondence of the aggrieved party”.
Previously, the camp of Yap filed a petition to consolidate these cases, however, in an order dated January 14, Muntinlupa RTC branch 205 presiding judge Liezel Aquiatan denied the motion for immediate consolidation.
The order noted that the motion was “devoid of merit” and that the “two legal actions are inherently distinct in nature, purpose, jurisdiction, and procedure”. The consolidation is “legally impermissible”.
Yap’s motion cited the Supreme Court’s Rule on Writ of Habeas Data, particularly Sections 21 and 22 of A.M. No. 08-1-16-SC. It states that cases involving the same parties and subject matter should be consolidated. As stated, this was ruled out by the court and added that the hearing for habeas data should proceed on January 17.
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