Vic Sotto filed a lawsuit seeking over P30 million in damages against director Darryl Yap for alleged "malicious and defamatory statements."
Sotto filed a 19-count cyberlibel case against Yap at the Muntinlupa City Prosecutor's Office on Thursday, January 9. The complaint stemmed from the director's film that allegedly portrayed Sotto as a rapist.
"The respondent is a clout chaser who uses his social media platforms to gain attention for his film. In his desire to earn more money, he has openly accused me of being a rapist. It is time for the respondent to understand that the free expression does not grant an unlimited right to destroy one's hard-earned reputation," according to the complaint.
The total amount of damages demanded is P35 million, of which P15 million is for exemplary damages aimed at preventing similar incidents in the future. According to the New Civil Code, exemplary damages are damages imposed "as an example or correction for the public good" in addition to the usual compensation.
Additionally, Sotto is seeking P20 million for moral damages, due to embarrassment from the movie's social media teasers.
"Because of the malicious and defamatory posts made by the respondent, I have suffered and continue to suffer humiliation and contempt from the public. The social humiliation has caused me great distress and serious concern because of the damage to my reputation and credibility," according to the complaint.
According to Philippine law, moral damages can be awarded when a wrongful act or omission causes “physical suffering, mental suffering, fear, serious distress, damage to reputation, hurt feelings, moral shock, social embarrassment , or similar damage.”
Legal Process
said Atty. Buko dela Cruz, Sotto's lawyer, that every defamatory post on Yap's Facebook page is considered a case of cyberlibel, reaching 19 cases.
"Each offensive post counts," he said.
Dela Cruz also shared plans for separate legal action against those who shared Yap's posts using the writ of habeas data.
"There is a separate case for that, that's the writ of habeas data that we previously filed. We're just waiting for the court's order whether it's upheld or not," he said.
According to the Cybercrime Prevention Act, the penalty for cyberlibel is six years and one day to eight years in prison, in addition to damages. For cases under the Revised Penal Code, including libel, the penalties are raised by one level.
The Muntinlupa Regional Trial Court Branch 205 granted a Writ of Habeas Data filed by Sotto's legal team. This order orders Yap to stop posting teaser videos and promotional materials, including the release of a movie allegedly defaming Sotto, according to Dela Cruz.
