PASIG CITY – The Regional Trial Court in Pasig City has dismissed a case filed by actress Katrina Halili against suspended doctor Hayden Kho in connection with the sex video scandal.
Halili accused Kho of violating Republic Act (RA) 9262, or the Anti-Violence Against Women and Children Act, for allegedly videotaping their sexual tryst and then uploading it on the Internet without her consent.
Judge Rodolfo Bonifacio of Pasig RTC Branch 159 threw out Halili’s case after the prosecution failed to submit enough evidence to prove that Kho was responsible for uploading the sex videos.
The dismissal of the case made Kho and family happy but it saddened the actress and her supporter, actor and Sen. Ramon Revilla Jr. who initiated a Senater investigation on the case and led in seeking the suspension of the professional license of Kho as a doctor.
Said Revilla: “Nalulungkot ako at nagulat sa naging desisyon ng korte… Ang mabigat dito, baka mamaya tularan si Hayden Kho ng iba… We do respect the decision of the court. Pero siyempre, masakit ito para kina Katrina,” he said.
Although the court is not condoning the taking of the sex video, Bonifacio pointed out that videotaping their intercourse should not cause any emotional or psychological distress to Halili since both parties were aware that it was taking place.
Bonifacio said that it was impossible for Halili not to notice the camera because it “was situated in an open and unconcealed place.”
The court said that based on data from ocular inspections on the room where the incident took place, it is unlikely that Halili was unaware of the presence of the video recorder placed on a table just five feet away from the bed.
“There was no need to belabor the obvious: the video camera was there visible to both of them, it was aimed at the direction of the bed, and it was already the fourth occasion when their libidinous activities were recorded in video,” the ruling read.
Halili, however, insisted that she was completely unaware that she was being videotaped when she and Kho were together inside the hotel room.
“Mamatay pa ako o mamatay pa buong pamilya ko, hindi ko talaga alam (I swear on my family’s graves I was not really aware of the videotape),” she said on television.
She said the court decision “gave her goosebumps” because it meant similar crimes can be committed to other people without being punished.
“’Yung pinaglalaban ko naman hindi lang para sa akin. Para sa ibang tao rin. Ano ‘yun? Mauulit-ulit lang ito sa ibang tao (I was fighting not only for me but also for others. Are we going to allow this to happen to other people)?” she said.
Halili’s legal counsel, lawyer Raymund Palad, said they will appeal the court’s decision.
Halili has charged Kho with violation of Republic Act (RA) 9262, or the Anti-Violence Against Women and Children Act, after their sex video, which she claimed was taken without her consent, went viral last year.
Kho’s sex videos with other women were also leaked onto the Internet.
Kho admitted that he videotaped his sexcapades with different women without their knowledge. He also apologized for the proliferation of the sex videos, saying that these were uploaded and reproduced without his knowledge.
A teary-eyed Kho and his family were thankful and happy upon hearing the news. Kho’s dad hopes that, with the case’s dismissal, his medical license will soon be reinstated.
The medical license of Kho, who is a cosmetic surgeon, was revoked by the Professional Regulation Commission (PRC) as a result of the scandal. The PRC board came up with the decision after Halili lodged a complaint before the commission.