Film director Darryl Yap has been ordered to take down the 26-second teaser of his upcoming movie The Rapists of Pepsi Paloma by the Muntinlupa Regional Trial Court. The petition for a writ of habeas data, filed by Marvic “Vic” Sotto, was partially granted by Presiding Judge Liezel Aquiatan of Branch 205.
In a decision issued on Jan. 24, Yap and his production team were directed to remove the teaser from all online platforms for “misusing collected data” about an unverifiable conversation between two deceased individuals. The scene in question features a confrontation between the late Pepsi Paloma and Charito Solis, portrayed by Rhed Bustamante and Gina Alajar, respectively, regarding allegations against Sotto.
Background of the Case
According to historical records, Paloma filed a rape complaint in 1982 against Sotto and fellow comedians Joey de Leon and Richie D’Horsie, which she later withdrew via an affidavit of desistance.
Despite the takedown order, the court allowed Yap to proceed with the film’s production and release, citing that the story is based on verifiable public records and artistic freedom.
Court’s Rationale
“The Court cannot suppress the entire film, as it is based on the life story of Pepsi Paloma, where the respondent secured the consent of her mother and brother,” the court stated. It emphasized that narratives of public interest, especially those supported by public records like newspaper clippings and footage, deserve protection.
However, the court criticized the teaser for portraying Sotto as a rapist despite the withdrawal of Paloma’s complaint. The court noted that the teaser could lead the public to falsely conclude that Sotto is guilty, potentially violating his privacy and endangering his family’s safety.
Next Steps
Yap, who has chosen not to appeal the takedown order, announced plans to submit the film to the Movie and Television Review and Classification Board (MTRCB) for review.
While the film’s teaser has sparked controversy, the project itself is moving forward, ensuring compliance with legal and regulatory requirements.