Court clears Hayden Kho in sex video scandal

Posted at 08/16/2012 3:26 PM | Updated as of 08/16/2012 7:13 PM

MANILA, Philippines – The Court of Appeals (CA) has cleared former doctor Hayden Kho of criminal liabilities in connection with his sex video scandal with actress Katrina Halili.

Former doctor Hayden Kho

In an eight-page resolution penned by Associate Justice Manuel Barrios, the second division of the appellate court affirmed the ruling of the Pasig City Regional Trial Court (RTC) Branch 159 last January 25, 2011 dimissing Halili’s case filed against Kho for violation of the provisions of Republic Act No. 9262.

Halili filed the complaint versus Kho after a video of them having sex went viral online two years ago. Halili insisted she was violated because the sex video was taken without her consent.

The CA said the Pasig City RTC was right in dismissing the case because there’s no sufficient evidence found.

"It is our considered view that public respondent did not commit grave abuse of discretion in denying due course to the appeal," the CA ruling read.

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.

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 which caused Halili's mental and emotional anguish.

"The public respondent's dismissal of the case against accused was premised on its finding that there was no evidence to prove that the criminal act complained of actually happened and that it was private petitioner who committed the same," the CA resolution said.