Vic Sotto seeks P35M from film director for defamation
Comedian and television host Marvic “Vic” Sotto, a younger brother of former Senate President Vicente “Tito” Sotto III, on Thursday sued filmmaker Darryl Yap for P35 million on 19 counts of cyberlibel over a movie teaser explicitly tagging him as an alleged “rapist” of 1980s starlet Pepsi Paloma, now deceased.
Hours after Sotto filed the criminal complaint with his lawyer Enrique dela Cruz, the Muntinlupa Regional Trial Court (RTC) granted his petition earlier this week to order Yap to stop any form of publication and dissemination of materials to promote the controversial upcoming biopic titled, “The Rapists of Pepsi Paloma.”
In his complaint he filed in the Muntinlupa City prosecutor’s office on Thursday, Sotto accused Yap of “defamatory imputations” against him when the filmmaker announced in a Facebook post on Dec. 31, 2024, that he was making a movie featuring “TVJ” with the title “TROPP.”
TVJ is an acronym for “Tito, Vic and Joey,” the original hosts of longtime noontime TV show Eat Bulaga!. Joey is the two brothers’ buddy, Joey de Leon.
Sotto cited the release of the 26-second movie teaser that was posted on the social media accounts of Yap, who has around 1 million followers, and on his movie company Vincentiments, which has over 2.6 million followers.
19 counts
In the controversial teaser, Sotto was named one of the “rapists” of Paloma. This was then followed by multiple reposting of the teaser video in the following days.
The 19 counts of cyberlibel represent the number of times Yap posted or shared “malicious” statements or videos to promote his movie, said Dela Cruz, Sotto’s lawyer.
“The defamatory character of respondent’s Facebook post cannot be denied in the reactions it triggered from the public, including the tirade of invectives and lewd comments online,” Sotto said in his 28-page complaint.
He said that his own family became a collateral victim of the “online attacks” triggered by the movie clips.
“Some even have suggested that my current wife was also raped and that my minor child is my daughter with Pepsi Paloma,” he added.
The 70-year-old comedian said that Yap lacked “basic human decency” to ask for his explanation and present his side of the story, adding that the rape case against him was junked more than 40 years ago.
‘Irresponsible people’
Sotto is seeking P20 million in moral damages and another P15 million for exemplary damages from Yap.
In an interview with reporters outside the prosecutor’s office, Sotto said: “To those asking for my reaction, this is it. This is nothing personal … I am against irresponsible people.”
Last Monday, Sotto filed a petition for habeas data against Yap on the grounds that the filmmaker allegedly violated his right to privacy. On Thursday, Presiding Judge Liezel Aquiatan of Muntinlupa RTC Branch 205 found it “sufficient in form and substance,” granting his petition.
According to the Supreme Court rules, a writ of habeas data is a legal remedy in instances when the “right to privacy in life, liberty or security is violated or threatened” by a public or private entity due to the collection and storage of information or data about a person or a group.
Respond in 5 days
Aquiatan ordered Yap to respond within five days from receipt of the writ and indicate the nature of data and purpose of information that allegedly resulted in data privacy violations, among others.
“A general denial of the allegations in the petition shall not be allowed,” she said.
The writ sought, among other things, to remove and take down from all platforms the promotional materials, in digital format or in print, depicting Sotto as a rapist or mentioning his “sensitive personal information.”
A summary hearing for the petition was set on Jan. 15 at 8:30 a.m. to allow both sides to present their respective evidence and for the court to determine the merits of the case.
Takedown order
While a takedown order has already been issued by the court, Dela Cruz told the Inquirer that the hearing would “make the prayers in the writ permanent” if it went in their favor.
Yap, however, seems unfazed by the charges as he continued to post statements on Facebook about the movie, saying on Thursday that “anyone is entitled to file a complaint and no one holds monopoly to the truth.”
He also hinted at proceeding with the movie’s release: “Delia, Pepsi, we will return to the court; the Filipino to the cinemas.”
Pepsi Paloma became the screen name of Delia Dueñas Smith when, as a 13-year-old, she was introduced to the entertainment industry by her mother, Lydia Dueñas.
‘Softdrink beauties’
She was one of the “softdrink beauties,” a group of young starlets formed by her manager, Rey dela Cruz, that included Coca Nicolas and Sarsi Emmanuelle.
In 1982, while promoting a movie, Paloma, then 14, met three popular comedians of Eat Bulaga! fame—Vic Sotto, Joey de Leon and Richie D’Horsey— who allegedly invited her out, drugged her drinks, and raped her. The alleged crime was punishable by death at that time.
Paloma was reportedly coerced into withdrawing her case and the three men issued an apology to her on national television but did not specify details of their offense against her.
In May 1985, 17-year-old Paloma was found dead in her apartment from an apparent suicide, according to the police.
What Coca remembers
When Yap announced that he was making a movie on the late starlet, he said the film would depict Paloma’s life and the 1982 rape scandal, not accuse specific individuals.
The movie featured Rhed Bustamante acting as Paloma. One controversial scene showed Paloma being asked by Charito Solis, played by Gina Alajar, whether she was raped by Vic Sotto. She said, “Yes!”
But in a YouTube interview posted on Jan. 4, journalist and vlogger Julius Babao asked one of Paloma’s close friends, Coca Nicolas, whether she was aware of the alleged rape and the involvement of the Eat Bulaga! hosts. She said she was and had asked Paloma about it.
“I can personally prove that it’s not true, because she herself told me that it wasn’t,” Nicolas said.
She said Paloma explained to her that it was their manager, Dela Cruz, who allegedly fabricated the story to attract publicity.
“Well, you know Tito Rey … He’ll do anything just to make us famous,” Nicolas said. —WITH A REPORT FROM INQUIRER RESEARCH
