Darryl Yap pleads not guilty to cyberlibel charges over Pepsi Paloma film
Controversial director Darryl Yap pleaded not guilty to the cyberlibel charges filed by Vic Sotto in connection with his Pepsi Paloma film.
The Philippine STAR reported that Sotto's initial directive was to proceed with the trial, according to his lawyer Buko de la Cruz, during a pre-trial conference after Yap's arraignment at the Muntinlupa Regional Trial Court.
But Yap's lawyer, Raymond Fortun, said there's "always room for settlement and for parties to reconcile."
"What’s important is the willingness of both sides to restore what was once peaceful," Fortun said.
De La Cruz said they have yet to ask Sotto if he's open to an "amicable settlement."
Sotto, during his contract signing for his new endorsement, was asked by the media about his reaction to Yap entering a "not guilty" plea..
"O, 'di, good," Sotto jokingly said, according to PEP.ph.
But turning serious, Sotto noted he cannot talk about the case yet as it's ongoing.
"Saka ako, naniniwala ako na gumugulong ang justice system natin. Nakikita naman natin," he added. "So whatever decision of the court will be, e, abangan na lang natin sa susunod na kabanata."
Mediation proceedings will be held on Aug. 19, during which a duly authorized mediator will try to reconcile the parties.
Yap is facing two counts of cyberlibel for the teaser of his movie The Rapists of Pepsi Paloma.
Section 6 of the Cybercrime Prevention Act of 2012 states that crimes committed through information and communication technologies shall be one degree higher than that provided for by the Revised Penal Code. Under the RPC, as amended by Republic Act No. 10951, the penalty for traditional libel is prision correcional (six month- to six year-imprisonment) and/or a fine ranging from P40,000 to P1.2 million.
He remains free after posting a P20,000 bail.
Yap's movie is about Pepsi Paloma, born Delia Dueña Smith, a rising star in the '80s who reportedly took her own life in 1985. She was 18. Her body was found in her home in Quezon City.
The already-controversial subject for a movie stirred controversy further as a 26-second teaser showed Pepsi (Rhed Bustamante) responding in the affirmative to Charito Solis (Gina Alajar)'s question on whether Vic Sotto had raped her.
The text, "Nagsampa ng kasong rape si Pepsi Paloma laban kay Vic Sotto noong August 17, 1982," also flashed on the screen.
Sotto, at the time, filed a writ of habeas data against Yap, asking to take down promotional materials, teaser videos, and other material related to the film, saying the movie mentions sensitive personal information. He originally filed 19 counts of cyber libel against Yap, seeking P35 million in moral and exemplary damages.
Sotto said he wasn't consulted about the movie and only found out through his loved ones.
Yap, meanwhile, said "there was an attempt to consult," claiming to have sent Sotto a copy of the script before production.
The movie's premiere was scheduled for Feb. 5, but two days before that, Yap said it would no longer push through.
It came after the Movie and Television Review and Classification Board said Yap has yet to submit the necessary documentation, particularly the Certificate or Clearance of No Pending Criminal, Civil, or Administrative Case from the Regional Trial Court, the Department of Justice, and the Office of the City Prosecutor. It also debunked Yap's previous claim that the movie was already under review.
Yap said they're looking to distribute the movie on streaming platforms.