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 uploading of a video of them having sex on the Internet.
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 their Children Act of 2004) against Kho and denying the prosecution's subsequent appeal and motion for reconsideration.
"Public respondent's (RTC) 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 ... it is our considered view that public respondent did not commit grave abuse of discretion in denying due course to the appeal," the CA said.
The CA said the trial court was right in concluding that the prosecution had failed to prove that Kho uploaded the video.
"There is, thus, no finding of the existence of a criminal act from which a civil liability may arise," the CA's decision stated.
The case was filed against Kho on September 17, 2009.
source: interaksyon.com
