Court prohibits public disclosures on pending Vic Sotto vs. Darryl Yap case

Trigger warning: This article contains mentions of rape.

Vic Sotto and his team are prohibited by a Muntinlupa court from discussing the case proceedings and other related matters after granting director Darryl Yap's urgent motion for a gag order.

“The Petitioner and any person acting for and on behalf of the petitioner are enjoined from publicly disclosing or discussing the contents of the verified return to be submitted by the respondents in this case, as well as any matters learned from the proceedings of this case,” said the Omnibus Order released on Monday, Jan. 13.

Judge Liezel Aquiatan of the Muntinlupa Regional Trial Court Branch 205 ordered all parties to “observe strict confidentiality” regarding the habeas data case until the matter is resolved. This includes prohibiting the disclosure of any information related to the case to the public.

“All parties are directed to observe strict confidentiality in compliance with the sub judice rule, ensuring that the case proceedings and any related matters remain undisclosed to the public until resolved,” it added. 

Sotto is given three days to file his Motion for Consolidation.

This was after Yap, through his legal counsel Raymond Fortun, filed an urgent motion for issuance of a gag order, stating that not only does a disclosure violate Yap's freedom of speech, but also "cause grave and irreparable damage" to the director and the film.

“Considering, however, that the verified return shall involve a film that has not yet been released to the public and to give full effect to the sub-judice rule, now that the matter is subject of litigation, Respondent [Yap] prays that a Gag Order be issued by this Honorable Court, preventing Petitioner [Sotto] and any person acting for and on his behalf from disclosing the contents of the verified return to the public and enjoining them to dutifully keep in strict confidence the proceedings and matters learned before this Honorable Court,” the motion asked the court. 

“Further considering that the verified return shall involve an unreleased film by a prominent director, any disclosure of the verified return would not only violate the Respondent’s [Yap’s] freedom of expression, but it shall also cause grave and irreparable damage to the Respondent’s artistic license and outcome of the film,” it continued. 

The court also rescheduled the summary hearing for the writ of habeas data from Jan. 15 to Jan. 17.

Last Jan. 9, Sotto filed 19 counts of cyber libel against the controversial director at the Muntinlupa City RTC. He sought to prohibit the spread of the teaser or any promotional material related to Yap's film.

On the same day, the court granted his petition for a writ of habeas data. However, the court clarified that it only directed Yap’s camp to submit their response and that a "proper hearing" must be conducted before a decision will be made.

“The petitioner mistakenly believed that the issuance of the writ already constituted the granting of the relief sought in their petition for a writ of habeas data. This court emphasizes that the issuance of the writ merely serves as a procedural directive requiring the respondents to submit a verified return. The actual relief prayed for in the petition will only be considered and resolved after the court conducts a proper hearing to assess the merits of the case,” it said.

Sotto's legal action came after the release of a 26-second teaser for the film on Yap's content page Vincentments on Jan. 1.

In the teaser, a frantic Charito Solis (Gina Alajar) can be seen confronting a distraught Pepsi (Rhed Bustamante).

"Ipaliwanag mo sa akin," Solis says. "Magsabi ka sa akin. Ipaliwanag mo dahil hindi ko naiintindihan."

Things get grim when Charito categorically asks Pepsi, "Ni-rape ka ba ni Vic Sotto?"

"Oo," Pepsi screams.

The text, "Nagsampa ng kasong rape si Pepsi Paloma laban kay Vic Sotto noong August 17, 1982," then flashes on the screen.

Pepsi, whose real name is Delia Dueña Smith Smith, was 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.

Meanwhile, the film is set to open in cinemas this year. Aside from Bustamante as Pepsi and Alajar as Charito, it will also star Shamaine Buencamino as Pepsi's mother Lydia Duena Whitley, Mon Confiado as Pepsi's talent manager Dr. Rey Dela Cruz, and Andres Balano Jr. as comedian Richie D'Horsie.