Darryl Yap’s motion to consolidate cases over Pepsi Paloma teaser denied by Muntinlupa court

A Muntinlupa regional trial court (RTC) denied the motion of director Darryl Yap to consolidate the cases that actor Vic Sotto filed against him over his teaser for the movie “The Rapists of Pepsi Paloma,” where Sotto’s name was mentioned.

In a 4-page order, the Muntinlupa RTC Branch 205 denied Yap’s motion to consolidate the petition for writ of habeas data filed by Sotto before the court and the 19 counts of cyberlibel against Yap before the Muntinlupa Office of the Prosecutor (OCP).

“The Motion for Immediate Consolidation is devoid of merit. The two legal actions are inherently distinct in nature, purpose, jurisdiction, and procedure,” it said.

The court said that consolidation will only be appropriate if the actions share a common legal or factual issue and are pending before the same forum.

“Here, the petition and the criminal complaint are pending before distinct forums and are governed by separate procedural frameworks. Thus, consolidation is legally impermissible,” the RTC said.

“Even if the two cases involve overlapping circumstances, the legal issues and relief sought remain distinct. Each case must proceed independently within its respective forum,” it added.

The court also said that the hearing on January 17 will proceed as scheduled.

The court initially canceled the hearing on January 15 pending the resolution of the motion for consolidation. 

Also denied was Sotto's motion to issue a show cause order against Yap.

Both Sotto and Yap's camps declined to comment.

The teaser for the film mentioned Sotto’s name and accused him of rape.

Sotto previously said that no one from the movie production consulted him, a claim that Yap’s camp contested. Yap’s lawyer, Atty. Raymond Fortun, said his client sent Sotto a copy of the script ahead of the teaser’s release so Sotto can give comments about it.

--VAL/VBL, GMA Integrated News