MANILA, Philippines – TV star Katrina Halili lost in her bid to have
doctor-turned-actor Hayden Kho be held criminally liable for their
controversial sex video in 2009 after the Court of Appeals (CA) junked
with finality the motion filed by the actress seeking reconsideration of
its earlier ruling.
The second division of the appellate court affirmed its decision
last August upholding the dismissal by Pasig City regional trial court
of Halili’s charges of violation of the provisions of Republic Act 9262
(Anti-Violence Against Women and Children Act) against Kho.
In a three-page resolution, Associate Justice Manuel Barrios wrote:
“Without any new or substantial matter before us, no reason exists to
justify a reversal or modification of the said decision. Wherefore, the
motion for reconsideration filed by petitioner is denied.”
Associate Justices Remedios Salazar-Fernando and Normandie Pizarro concurred in the ruling.
The CA stood by its earlier finding that Pasig City RTC Branch 159
did not err in clearing Kho and dismissing the case due to insufficiency
of evidence in its decision on January 25 last year.
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 videotaped their sexual encounter without her consent and was
responsible for uploading the sex videos.
In fact, Halili admittedly that there were three previous instances
where she knew she was being filmed while engaging in provocative acts
with Kho.
Bonifacio pointed out that videotaping their act should not cause any
emotional or psychological distress to Halili since both parties were
aware that it was taking place.
The trial court said it was the uploading of the video that caused Halili's mental and emotional anguish but added that the actress failed to substantiate her claim that Kho was responsible for disseminating and uploading the video.
Despite the ruling, another division of CA had earlier affirmed last June a 2009 ruling of the Professional Regulation Commission revoking the license of Kho to practice medicine.
Kho, the former boyfriend of celebrity doctor, is now trying his luck as an actor and is currently shooting his first movie, which is set to be released next year.
