MANILA, Philippines—Hayden Kho is now a free man.
Kho's criminal case for violation of R.A. 9262 (Anti-Violence Against Women and their Children Act of 2004 or "VAWC") was dismissed for insufficiency of evidence Tuesday morning by Hon. Judge Rodolfo Bonifacio of Branch 159 of the Regional Trial Court of Pasig City. The judge granted a Demurrer to Evidence previously filed by Kho.
Kho was accused by actress Katrina Halili of videotaping a sexual encounter without her consent and distributing the video through the internet, accusations Judge Bonifacio deemed lacking in evidence.
Halili's side, according to Kho's lawyer Attorney Lorna Capunan, had no evidence to support their accusation that Kho uploaded the video on the internet. Capunan added that ocular inspection made by the court showed that the video camera was in plain sight, "situated in an open and unconcealed place which cannot escape unnoticed," and that the video camera was "visible to both of them."
The court stated that taking of a *** video without the consent and knowledge of the partner is "not yet a violation of Republic Act 9262," and that it only becomes a crime once it "causes substantial emotional or psychological distress to the woman." Dr. Papa, psychiatrist of the National Bureau of Investigation, testified in court that Halili's distress was the uploading of the video and not the act of taking the *** video.
"I went through hell... it was a very difficult two years," said Kho, adding that he felt "so defeated" after being hounded by insults after videos of his sexual encounters with two actresses were uploaded on the internet.
"I am going to rebuild my life," he stated, saying that he remains hopeful that he can still get his medical license back so he can resume practice.
"I'm sorry this happened," was the message Kho sent out, and said that he would like to personally talk to her after all that has happened.
Irene Kho, Hayden's mother, said the dismissal was an answer to the many prayers of supporters, friends and family.
Capunan stated that since the start of the case it had never been about gender but of respect for privacy. The lawyer added that they were surprised with the decision, having been only ready to request for the postponement of Kho's presentation of evidence.
There is still the issue on who was behind the dissemination of the *** videos, said Capunan. She stated that further investigation by NBI is needed to find the perpetrator.
"I have no energy to go after (the people who distributed the video)... I just want to move on," said Kho, whose focus is now on getting his medical license back.
Katrina Halili vs Hayden Kho
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