Hayden to face raps; Belo cleared

MANILA, Philippines - The Department of Justice (DOJ) has approved the indictment of cosmetic surgeon Hayden Kho Jr. in the complaint filed by actress/model Katrina Halili stemming from the racy video showing them in explicit sexual acts.

In a 24-page resolution, the investigating panel led by Senior State Prosecutor Emilie Fe de los Santos said there is probable cause to indict Kho for violation of the Anti-Violence Against Women and Their Children Act (Republic Act 9262).

“Respondent Kho’s act of videotaping his very intimate moments with complainant, who obviously did not know what he was doing, clearly shows and manifests his lack of respect for women,” the prosecutors said.

In the same resolution, the prosecutors pointed out that Kho violated the trust and confidence given to him by Halili during their intimate moments.

“What respondent Kho did to complainant is a clear betrayal of the trust and love she gave him that has caused her emotional or psychological distress and is as abhorrent as violence of any kind,” the prosecutors said.

The prosecutors said Kho specifically violated section 5 (h) and (i) of RA 9262, which covers “engaging in purposeful, knowing or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child” and “causing mental or emotional anguish, public ridicule or humiliation to the woman or her child.”

The prosecutors denied Kho’s claim that the video was not intended for public viewing.

They pointed out Kho violated the law when he video taped his intimate moments with Halili without her knowledge and consent.

The prosecution panel, however, cleared popular cosmetic surgeon Vicki Belo along with Eric Johnston Chua, Mark Herbert “Bistek” Rosario and Princess Velasco of the charges for insufficiency of evidence.

In her complaint, Halili accused Belo and the three other respondents of conspiring to make public the sex video and post it on the Internet.

Although Belo, Chua, Rosario and Velasco knew of the existence of the sex video, the prosecutors said their silence or failure to inform the authorities does not make them accessories to the crime.

“Such omission is not one of the acts enumerated under Article 19 of Revised Penal Code,” the prosecutors pointed out.

The prosecutors stressed the need to conduct further investigation of the issue to determine who should be held responsible for uploading the sex video on the Internet.

The prosecutors said the National Bureau of Investigation (NBI) should conduct a further probe and look into the possible criminal liability of the respondents and other persons.

Kho was among those accused by Halili of uploading on the Internet the racy videos of their sexual encounters.

The accusations also prompted the Philippine Medical Association (PMA) to investigate Kho and eventually suspend him from medical practice for one year.

Kho admitted filming the sexual encounters but denied uploading the videos, accusing Chua, Rosario and Velasco of making copies from his laptop computer.

Prosecutors noted Kho had admitted his laptop computer also contained videos of his sexual encounters with other women.