Court asks Darryl Yap to delete 'The Rapists of Pepsi Paloma' teaser; movie to continue production, release
A court in Muntinlupa has ordered Darryl Yap to delete the teaser of his upcoming movie, the already controversial The Rapists of Pepsi Paloma.
In a decision dated Jan. 25 and publicized Jan. 27, Muntinlupa City Regional Trial Court Branch 205 said Yap and anyone acting on his behalf, including the production team of his content page Vincentiments, must "delete, take down and remove the 26-second teaser video from online platforms, social media, or any other medium for having misused the collected data/information by presenting a conversation between two deceased individuals, which cannot be verified as having actually occurred."
READ: Muntinlupa Regional Trial Court Branch 205 partially grants actor Vic Sotto's writ of habeas data petition against director Darryl Yap on Monday. | @MEVVilleza pic.twitter.com/NuGJWNUQtK
— The Philippine Star (@PhilippineStar) January 27, 2025
"It cannot be said that the information portrayed in the film is derived from publicly accessible sources (e.g., newspaper articles, court records, etc.) as it was a conversation between two persons who have long been dead, hence, unverifiable if this confrontation indeed took place," it said. "The widely circulated teaser video could lead a reasonable person to conclude that the petitioner is indeed a rapist, thereby violating his privacy rights and potentially threatening the life and security of his family."
But the court said Yap may still continue the movie's production and release, which is slated for Feb. 5 as it's "protected by artistic freedom and public interest."
The teaser showed a frantic Charito Solis (Gina Alajar) confronting a distraught Pepsi (Rhed Bustamante) and asking the latter, "Ni-rape ka ba ni Vic Sotto?"
Pepsi then lets out a long, "Oo."
The text, "Nagsampa ng kasong rape si Pepsi Paloma laban kay Vic Sotto noong August 17, 1982," then flashes on the screen.
Sotto then filed a writ of habeas data against Yap, asking to take down promotional materials, teaser videos, and other material related to the film, saying it mentions sensitive personal information. He also filed 19 counts of cyber libel against Yap, seeking P35 million in moral and exemplary damages.
Writ of habeas data is a legal remedy for individuals 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." If granted, the information in question must be updated or deleted.
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.
Pepsi, whose real name is Delia Dueña 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.
A day before the teaser dropped, Yap said only accounts with "evidentiary" support would be shown in the movie.
Last Jan. 21, he dropped the movie's 1 minute and 11-second trailer, which showed clips of interviews with Pepsi's mother and brother.
