CA affirms dismissal of sex video raps vs Hayden Kho

MANILA, Philippines - The Court of Appeals (CA) has thumbed down with finality the bid of actress Katrina Halili to have model Hayden Kho held criminally liable for their controversial sex video in 2009.

The ruling comes after the CA’s second division affirmed its decision last August upholding the dismissal by the Pasig City regional trial court of Halili’s allegation that Kho violated the provisions of Republic Act 9262 (Anti-Violence Against Women and Children Act).

In a three-page resolution, the CA junked the motion filed by the actress seeking reconsideration of its earlier ruling.

“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,” read the ruling penned by Associate Justice Manuel Barrios.

Associate Justices Remedios Salazar-Fernando and Normandie Pizarro concurred in this 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 Jan. 25, 2011.

However, another division of CA had affirmed last June a 2009 ruling of the Professional Regulation Commission revoking the license of model Hayden Kho to practice medicine.

Branch 159 presiding 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.