Court clears Hayden Kho anew in sex video uploading

MANILA (Updated, 11:40 a.m.) -- Actress Katrina Halili lost her bid again to make cosmetic surgeon-turned-celebrity Hayden Kho Jr. criminally accountable for the alleged uploading in 2009 of their sex video, which he supposedly took without her consent.

In a three-page resolution penned by Associate Justice Manuel Barrios, the Court of Appeals’ (CA) second division found no basis to reverse its August 1, 2012 decision affirming the Pasig Regional Trial Court’s (RTC) acquittal of Kho.

“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,” the CA ruled.

Associate Justices Remedios Salazar-Fernando and Normandie Pizarro concurred with the decision.

Records showed that Judge Rodolfo Bonifacio of the Pasig RTC Branch 159, in his January 25, 2011 ruling, dismissed Halili’s case for violation of Republic Act 9262, or the Anti-Violence against Women and Children Act after their sex video went viral on the Internet.

The CA upheld the trial court ruling, saying it did not err in dismissing the case after the prosecution failed to submit enough evidence to prove that Kho videotaped their sexual intercourse without her blessing and was responsible for uploading the sex videos.

Also during the trial stage, it was established that there were three previous instances where Halili admittedly knew that she was being filmed while engaging in provocative sensual acts with Kho.

Thus, the trial court correctly deduced 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.

What was unacceptable to Halili was the fact that the video was uploaded on the Internet and its public viewing, which caused the emotional and psychological distress of complainant.

However, the trial court said that Halili failed to substantiate her claim that Kho was responsible for disseminating and uploading the video.

“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 said.

Last July, another division of the CA affirmed the ruling of the Professional Regulation Commission (PRC) revoking the professional license of Kho to practice medicine after he was found guilty of immorality, dishonorable and unethical conduct.

The PRC’s investigation on Kho stemmed from an inquiry conducted by a Senate committee to look into the so-called sex video scandal involving him and other actresses, including Halili. The regulatory body’s ruling upheld that of the Board of Medicine dated November 20, 2009, which recommended that Kho’s certificate of registration and license to practice medicine be recalled.

Records claimed that the recording of the subject sex video occurred two weeks after Kho performed a liposuction procedure on her on August 22, 2007. She claimed that the doctor-patient relationship between them still existed. (JCV/Sunnex)