MANILA, Philippines — Actor Vic Sotto has filed a lawsuit seeking more than P30 million in damages against director Darryl Yap for alleged “malicious and defamatory statements.”
Sotto filed 19 counts of cyberlibel against Yap at the Muntinlupa City Office of the City Prosecutor on Thursday, January 9. The complaint stems from the director’s film, which allegedly portrayed Sotto as a rapist.
“The respondent is a clout chaser using his social media platforms to garner attention for his film. In his desire to earn more money, he openly accused me of being a rapist. It is high time for respondent to realize that free speech does not afford him unbridled license to ruin another person’s hard-earned reputation,” the complaint read.
The total damages sought amount to P35 million, with P15 million in exemplary damages intended to deter similar offenses in the future. The New Civil Code defines exemplary damages as those imposed “by way of example or correction for the public good” beyond standard compensation.
Additionally, Sotto is seeking P20 million in moral damages, citing public ridicule from the film’s social media teasers.
“Due to the malicious and defamatory posts made by respondent, I have been subjected and continue to be subjected to public ridicule and contempt. The social humiliation have caused me to suffer mental anguish and serious anxiety due to my tarnished reputation and destroyed credibility,” the complaint read.
Under Philippine law, moral damages may be awarded when a wrongful act or omission has resulted in “physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, or similar harm.”
Legal proceedings
Lawyer Buko dela Cruz, representing Sotto, said each defamatory post on Yap’s Facebook page constitutes one count of cyberlibel, totaling 19 counts.
“Bawat post na mapanira ay isang count (Every defamatory post is one count),” he said.
Dela Cruz also shared plans for separate legal actions against those who shared Yap’s posts through a writ of habeas data.
“May hiwalay na kaso para doon, yon po yung writ of habeas data na nauna na naming na-ifile. Hinihintay na lang naming ang utos ng korte kung ito ay kinakatigan o hindi,” he said.
The Cybercrime Prevention Act prescribes imprisonment of six years and one day to eight years for cyberlibel, along with damages. For cases under the Revised Penal Code, including libel, penalties are elevated by one degree.
The Muntinlupa Regional Trial Court Branch 205 has granted a Writ of Habeas Data filed by Sotto’s legal team. This court order directs Yap to cease posting teaser videos and promotional materials, including the release of the film allegedly defaming Sotto, Dela Cruz said.
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