Court issues gag order on Sotto-Yap case, says no takedown order yet on film materials

Filmmaker Darryl Yap. Photo credit: Yap’s Facebook page

MANILA — All parties in the cyber libel case filed by Vic Sotto against filmmaker Darryl Yap have been directed by the Muntinlupa Regional Trial Court Branch 205 to not disclose or discuss the case proceedings and any related matters after it granted Yap’s urgent motion for issuance of a gag order filed last January 10.

“The Petitioner and any person acting for and on behalf of the petitioner are enjoined from publicly disclosing or discussing the contents of the verified return to be submitted by the respondents in this case, as well as any matters learned from the proceedings of this case,” said the Omnibus Order released on Monday.

“All parties are directed to observe strict confidentiality in compliance with the sub judice rule, ensuring that the case proceedings and any related matters remain undisclosed to the public until resolved,” it added.

Yap’s lawyer Raymond Fortun said they filed the motion to prevent Sotto’s camp from releasing “irresponsible” statements and to prevent the disclosure of any details of the movie as it has not yet been released.

The court found merit in the argument that the release of information could gravely affect the outcome of the film.

“The lawyers’s statements may cause to misrepresent the court’s orders and could prejudice public perception. Ultimately, the court’s priority would be to protect the fair administration of justice and prevent undue influence on the judicial processes,” the order read.

Sotto charged Yap with 19 counts of cyber libel after screen veteran’s name was mentioned in the teaser of the latter’s film “The Rapists of Pepsi Paloma”.

In the Omnibus Order released Monday, Presiding Judge Liezel Aquiatan ordered Sotto to comment within three days on the motion for consolidation filed by Fortun on Monday.

The motion for consolidation seeks to consolidate Sotto’s petition for a writ of habeas data with his criminal complaint as mandated under Supreme Court Circular 08-1-16-SC.

The court clarified that it has not yet ruled on the petition of Sotto seeking to  takedown materials related to the film.

“The petitioner mistakenly believed that the issuance of the writ already constituted the granting of the relief sought in their petition for a writ of habeas data,” it said.

“This court emphasizes that the issuance of the writ merely serves as a procedural directive requiring the respondents to submit a verified return. The actual relief prayed for in the petition will only be considered and resolved after the court conducts a proper hearing to assess the merits of the case,” the order said.

Meanwhile, the January 15 hearing has been reset to 8:30 a.m. of January 17.

Sotto’s lawyer Enrique Dela Cruz refused to comment given the gag order.

SOTTO CONSULTED ON THE MOVIE?

Fortun earlier said Yap gave Sotto’s camp a copy of the script before filming last year.

“He gave a copy of the script to one of the siblings of the petitioner. And he’s actually a very known and prominent person and pinadaan ito through an intermediary na kilala din nung kabilang grupo. Baka dalawa o tatlong beses yun na tinanong ni Direk Darryl kung merong reaksyon, may feedback, baka meron silang gustong idagdag. And there was none,” Fortun said.

“So ang totoo po niyan ay wala talagang intensiyon na saktan ni Direk Darryl yun pong kabilang grupo. He was very much willing to share the script with the other side,” he added. “There was an attempt to consult…Wala yung actual malice, walang malisya.”

Sotto’s lawyer disputed this statement.

“He is misinformed. That is not true,” Dela Cruz told ABS-CBN in a message.

He said Sotto only knew of the movie after the teaser was released this month.

Sotto’s brother, former Senate President Vicente Sotto IIl, also denied that he received a copy of the movie script.

“The so called script was given to Vic del Rosario. Not Vic Sotto. BTW, so what?” the former Senate chief said.

MOVIE RELEASE

Fortun hopes the movie will still be released by February 2025.

He said a change in the title might be forthcoming.

“I would not know why Director Yap has agreed to change the title. Sa kanyang post ang sinasabi niya is that locally the local theaters would not want any title which carries the word ‘rape.’ So out of deference na lang at para na lamang din sa interes po ng publiko, voluntarily nag-decide po si Direk na baguhin na lang yung title para kumomporme doon sa mga gusto ng mga movie theaters,” Fortun said.

“Now as to whether he is going to change the title internationally, that will all up to him, as well as the probably any movie association or governing body with regard to titles.”

He insisted that the production of the film was not politically motivated.

“The son of Vic Sotto is not even mentioned in the movie. The brother is not even mentioned in the movie so no, it’s not politically motivated,” Fortun said. — With a report from RG Cruz, ABS-CBN News

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