The Muntinlupa Regional Trial Court (RTC) Branch 205 has granted Vic Sotto’s petition for a writ of habeas data, directing film director Darryl Yap to respond to allegations of privacy violations tied to the promotional materials for Yap’s upcoming film, The Rapists of Pepsi Paloma.
In an order dated January 9, 2025, the court deemed the petition sufficient and instructed Yap to submit a verified return of the writ within five days. The court also scheduled a summary hearing for January 15, 2025, to evaluate the merits of the case.
Petition Details
Sotto filed the habeas data petition on January 7, 2025, seeking the removal of promotional materials that mention his name in relation to the controversial allegations made by the late actress Pepsi Paloma in the 1980s. These include teaser videos and other materials disseminated across digital platforms.
The petition specifically asks the court to:
- Remove and take down all promotional materials mentioning Sotto.
- Prevent further dissemination of such materials.
- Compel the respondents to provide details of the personal information collected about Sotto for the film.
Sotto has also requested that the court make the writ of habeas data permanent after the hearing.
Allegations and Safety Concerns
In his judicial affidavit, Sotto claimed the promotional content resulted in death and rape threats against him, his wife Pauleen Luna, and their minor child.
“I felt unsafe and afraid since I read comments from strangers threatening to rape my wife and my minor child,” Sotto said. He emphasized that the case filed against him in 1982 was dismissed, yet the film’s teaser presented misleading information by omitting this detail.
Sotto accused Yap of processing sensitive personal information without his consent, violating his rights under the Data Privacy Act.
Legal Counsel and Developments
Sotto’s lawyer, Atty. Enrique Dela Cruz, confirmed that the court granted the petition before the filing of a separate cyberlibel complaint against Yap at the Muntinlupa Prosecutor’s Office.
The court’s decision effectively halts all promotional activities for the film, pending the resolution of the habeas data case.
Background on the Film
Yap’s film, produced under Vincentiments, revisits the Pepsi Paloma controversy, including allegations of assault against Sotto and his colleagues in the 1980s. Yap has stated the film is slated for release in February 2025.
Summary Hearing
The summary hearing on January 15, 2025, will allow both parties to present evidence supporting their respective claims.