MANILA, Philippines – The Court of Appeals has dismissed the appeal of actress Katrina Halili to reverse a lower court’s decision to junk criminal charges against celebrity Hayden Kho Jr. over the circulation of their sex video on the Internet three years ago.
The eight-page decision of the CA’s Second Division, dated August 1, said Pasig City Regional Trial Court Branch 159 did not abuse its discretion when it decided on December 10, 2010 to dismiss the charges for violations of Republic Act No. 9262 (Anti-violence Against Women and Children Act of 2004) against Kho and denying the prosecution’s subsequent appeal and motion for reconsideration.
The CA said the trial court was right to conclude that the prosecution had failed to prove that Kho himself circulated the video, which Halili alleged was taken without her knowledge and consent.
“There is, thus, no finding of the existence of a criminal act from which a civil liability may arise,” the CA’s decision stated.
Halili filed her case against Kho on September 17, 2009 after their sex video circulated on the Internet, along with another video where they lip synch to the song “Careless Whisper” while gyrating in their underwear.
The videos were taken while Halili was a prominent endorser of the Belo Medical Group, a chain of plastic surgery and dermatological clinics owned by Kho’s then girlfriend, Dr. Vicki Belo, and which employed Kho as a physician.
The scandal ultimately resulted in the revocation of Kho’s medical license.
Just six weeks ago, the CA dismissed Kho’s petition to reverse the Professional Regulation Commission’s 2010 ruling that found him guilty of immorality and dishonorable and unethical conduct in connection with the scandal.