CA dismisses criminal raps vs Hayden Kho

Posted at 10/28/12 4:21 PM

Hayden Kho
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.

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 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.