Ipinaliwanag ni Atty. Enrique "Buko" dela Cruz Jr., abogado ni Vic Sotto ang dahilan ng pagpa-file nila ng reklamong 19 counts of cyberlibel laban sa direktor ng "The Rapists of Pepsi Paloma" na si Darryl Yap.
Sinagot din ng abogado kung damay ba mga nag-share sa social media ng teaser trailer na inilabas ni Darryl at kung ano ang mangyayari sa mga ito sakaling maaprubahan na ang petisyon nila a korte na Writ of Habeas Data.
Panoorin ang iba pang detalye ng pagpa-file ng reklamong cyberlibel ni Vic laban kay Darryl.
#vicsotto #darrylyap #pepvideo #therapistsofpepsipaloma
Video: Arniel Serato
Edit: Rommel Llanes
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Sinagot din ng abogado kung damay ba mga nag-share sa social media ng teaser trailer na inilabas ni Darryl at kung ano ang mangyayari sa mga ito sakaling maaprubahan na ang petisyon nila a korte na Writ of Habeas Data.
Panoorin ang iba pang detalye ng pagpa-file ng reklamong cyberlibel ni Vic laban kay Darryl.
#vicsotto #darrylyap #pepvideo #therapistsofpepsipaloma
Video: Arniel Serato
Edit: Rommel Llanes
Subscribe to our YouTube channel! https://www.youtube.com/@pep_tv
Read the latest in showbiz at http://www.pep.ph
Watch more videos at https://www.pep.ph/videos
Follow us!
Instagram: https://www.instagram.com/pepalerts/
Facebook: https://www.facebook.com/PEPalerts
Twitter: https://twitter.com/pepalertsViber: https://bit.ly/PEPonViber
Kumu: pep.ph
Visit our DailyMotion channel! https://www.dailymotion.com/PEPalerts
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PeopleTranscript
00:00His wife is receiving rape threats and his son is being bullied in school.
00:06So, we really need to take action.
00:11What is the final case, Atty.?
00:1319 counts of cyber libel.
00:16Why 19?
00:1819 times the respondent posted a false accusation.
00:26That's why it's 19 counts.
00:28Every post that gets deleted is 1 count.
00:31Who are the people you are accusing?
00:34In this criminal case, we filed Mr. Gary Yap.
00:3919 counts of what, sir?
00:41Cyber libel.
00:42Cyber libel.
00:46Our case is cyber libel, anyone who caused the publication.
00:50He's the one we're saying caused the publication of malicious and defamatory statements.
00:57Sir, how about the people who shared it?
01:00There's a separate case for that.
01:03The rape of habeas data.
01:05We filed that first.
01:07We're just waiting for the court's order to decide if this is a violation or not.
01:13But in the criminal case, the only criminal case for now is Mr. Gary Yap.
01:19Sir, we just filed Mr. Gary.
01:21This is the social media post that I'm saying was raped.
01:25The teaser?
01:26Yes, this is the teaser video.
01:28What about the film?
01:29How did it get released?
01:31When it was released, we will evaluate if there's a probable cause, if there's a basis for the case.
01:38For now, the basis of the case is the teaser video that was released.
01:42Attorney, are there financial damages?
01:44Or how?
01:46Yes, under the Cyber Crime Act,
01:49anyone who claims a criminal case can ask for damages.
01:53That's why moral damages are included in the claim.
01:57How much?
01:5820 million pesos.
01:59Attorney, if they're proven innocent, how long will they be in prison?
02:04We'll wait for the court to decide.
02:08The court will decide if they're in prison or not.
02:10Yes, they're in prison.
02:11What's your prayer?
02:13My prayer for the criminal case is for the court to decide.
02:20Is there a CRO for the showing?
02:23Not for the criminal case.
02:25The rate of obvious data is separate.
02:28And we will comment on that when the court's order comes out.
02:31But you already asked for it?
02:33Yes, there's a separate case.
02:35Will you stop the trailer, the showing?
02:37We want to stop all violations of our client's privacy.
02:42That's why the release of the teaser video is related to that.
02:46It violates his privacy.
02:48Our client has no consent.
02:50Attorney, what did the boss say?
02:51He didn't consult with them.
02:53He just asked.
02:54What's there?
02:56That's the reason why we filed the rate of obvious data.
02:59Because there's no consent.
03:01And under our Data Privacy Act,
03:03you can't collect, process, share, and disclose sensitive personal information
03:09without the consent of the data subject.
03:12That's the basis of the claim.
03:14Attorney, will there be an advance copy of the video?
03:17No, the teaser video is the basis of our claim.
03:21Attorney, when will we be knowing the verdict?
03:24We don't know yet when the court's order will come out.
03:28Under the rules,
03:30within 48 hours from the filing,
03:33the court can take action.
03:35This was filed 2 days ago.
03:39Here as well?
03:40Here as well, in RTC.
03:42We're waiting.
03:43Anytime today or tomorrow,
03:45probably, or Monday.
03:47Attorney, did you know what the production outfit is?
03:50The sentiments are included in the rate of obvious data.
03:54Who owns it, sir?
03:55Darian.
03:56Attorney, what does this say about the sharers,
04:00the teasers,
04:01the promoters of the film?
04:03Are they correct?
04:04Are they commenting?
04:05Yes, it's included.
04:06Because violating human rights
04:10cannot be called good faith.
04:12If you know that it will be destroyed,
04:14don't share or repost.
04:17Because you're part of causing the publication.
04:20You're part of destroying a person's privacy.
04:24Sir, what is your freedom of expression
04:26when making a film?
04:28That's right, but there's a limitation.
04:30The label is not included in the protection.
04:33You're free to give your own truth,
04:36but you can't sell and destroy others.
04:39That's why there are many films
04:41that use different alliances,
04:43using different methods
04:45so that it won't hurt or destroy others.
04:47But this is directly called rapist.
04:51Attorney, many netizens say
04:53that Daryl Yap is fond of twists.
04:56He says not to post the movie yet.
04:59At the end of the film,
05:01there might be a twist or a comeback.
05:03But that's what the teaser said.
05:05Can there be a difference
05:07if the direction of the movie is different in the end?
05:10In the label,
05:11it's not the intention of the writer or author
05:14that's important,
05:16if not the effect on your victim.
05:19So, it's not your good intentions
05:21that will matter.
05:23It's the effect on your victim.
05:26For example, his wife received rape threats.
05:29He bullied his daughter in school.
05:32So, it needs to be acted on.
05:34So, the victim received rape threats?
05:37If you read the comments in the posts,
05:41it was triggered because of the teaser video.
05:45Whatever good intentions he might have,
05:47the effect is already there.
05:49So, the family is really affected?
05:51Affected.
05:52Sir, is this politically motivated?
05:54We can't say it's politically motivated.
05:56We're only looking at the facts that we see now.
05:59And the facts that we saw
06:01are defamatory to our client.
06:04That's our action.
06:05Attorney, what's the story if it's from the family?
06:08There's no problem with the story.
06:10The law protects
06:12the reputation of the person you're going to harm.
06:15So, if you have a story,
06:17there's a proper way to tell it
06:19so you won't harm others.
06:21This is not the first time
06:23someone made a movie about another person.
06:25So, if Vic Soto didn't mention it, is it okay?
06:27There are many ways.
06:29We wouldn't want to teach them
06:31how to do a proper movie.
06:33Maybe it's their specialty.
06:35But maybe we have some knowledge
06:37about the law.
06:39We can see that there's a violation.
06:41Sir, what's the process from here?
06:43When you file, what will happen in the coming days?
07:03February.
07:05If I'm not mistaken.
07:06Given the timeline,
07:08will there be a resolution?
07:13If I'm not mistaken,
07:15the one who released the teaser video,
07:17the habeas data,
07:19our goal is to stop it.
07:21That's why we're waiting
07:23for the court's order.
07:25Attorney, what about those who shared?
07:29We didn't charge them
07:31in the criminal case.
07:33In the habeas data,
07:35their goal is to stop it.
07:37We're asking the court
07:39to stop them.
07:41Next, the court will punish them.
07:43The one who shared has nothing to do with this.
07:45As of now, nothing.
07:47Sir, does this include
07:49the take-down of the posts?
07:51Sir, do you have an idea
07:53if there's a discussion
07:55if SP Soto
07:57and Joey De Leon will be mentioned
07:59in the movie?
08:01We don't have an idea about the movie.
08:03The teaser video is our only base.
08:05How destructive
08:07is this line?
08:11According to our client,
08:13he just felt
08:15that his family
08:17was threatened
08:1942 years ago.
08:21Let me make it clear,
08:23there's no rape.
08:25Our client is not a real rapist.
08:27This rape is not real.
08:29This story is just made up.
08:31Okay.
08:33Thank you, attorney.