CA clears Hayden of criminal raps over sex video

MANILA, Philippines - The Court of Appeals (CA) has affirmed the dismissal of criminal charges filed by actress Katrina Halili against Hayden Kho over their sex video in 2009.

In an eight-page ruling, the CA’s Second Division upheld the decision of Pasig City Regional Trial Court (RTC) Branch 159 on Jan. 25, 2011 dismissing the charges of violation of the provisions of Republic Act 9262 (Anti-Violence Against Women and Children Act) against Kho.

The CA, in a ruling penned by Associate Justice Manuel Barrios, junked Halili’s petition seeking to reverse the RTC ruling, saying the trial court did not err in dismissing the case due to insufficiency of evidence.

The CA said “there was no evidence to prove that the criminal act complained of actually happened and that it was private petitioner who committed the same.” Associate Justices Remedios Salazar-Fernando and Normandie Pizarro concurred in the ruling.

The CA had affirmed last June a 2009 ruling of the Professional Regulation Commission (PRC) revoking the license of Kho to practice medicine.

Branch 159 Judge Rodolfo Bonifacio dismissed Halili’s case after the prosecution failed to submit enough evidence to prove that Kho videotaped their sexual intercourse without her consent and was responsible for uploading the sex videos.

It was established that there were three previous instances when Halili admitted she knew she was being filmed. The trial court noted that the videotaping of their intercourse would not have caused Halili’s mental and emotional anguish, considering that both parties were aware that it was taking place.

It was actually the uploading of the video and its public viewing, according to the trial court, which caused Halili’s emotional and psychological distress.