Mahaba ang mga sagot at paliwanag ni Atty. Lorna Kapunan tungkol sa bagong kontrobersiya na kinasasangkutan ng kliyente niyang si Hayden Kho Jr.
Gaya ng official statement ng Kho family, sinabi ng lady lawyer na "stress-related gastric ulcer" at hindi suicide attempt ang dahilan ng recent confinement ni Hayden sa Manila Doctor's Hospital sa U.N. Avenue, Manila.
Personal na nakausap ng PEP (Philippine Entertainment Portal) si Atty. Lorna Kapunan noong Sabado, December 12.
Ayon sa kanya, consistent sa medical report ng mga doktor sa Manila Doctors Hospital ang pahayag ng mga eyewitness na nakakita diumano kay Hayden noong gabi ng December 3 sa isang pinyahan sa Silang, Cavite. (CLICK HERE to read related story.)
"Ito, medical findings ito ng Manila Doctors because yung eyewitness account na 'yan is consistent with the medical findings of Manila Doctors. Tinanong ko nga sa Manila Doctors, how do you rule out the findings on suicide and gastric ulcer? Ang sabi nila, the manifestations are the same, kasi kung stress-related gastric ulcer, talagang nagsusuka ka. There's stress there. We're not saying the doctors are not saying that the witnesses are telling a lie. They're saying that the facts observed by the witnesses are consistent with the medical findings," paliwanag ni Atty. Kapunan.
Ipinaliwanag din ni Atty. Kapunan ang hindi pagbanggit sa De La Salle University Medical Center, na pinagdalhan din diumano kay Hayden, sa statement na inilabas ng Kho family. (CLICK HERE to read related story.)
"Because when they went to Dela Salle University Hospital, my understanding was because the father is a doctor sa Manila Doctors, si Dr. Hayden Kho Sr. The father decided na instead of La Salle, bring him na lang to Manila Doctor's. There was no intent to hide the fact that he was in La Salle," sabi ng legal counsel ni Hayden.
FORGIVE AND FORGET. Nilinaw rin ni Atty. Kapunan na hindi totoo na may tampo si Hayden sa mga witness.
"No, wala naman," sabi niya. "They... if they saw what they saw. It is consistent to... with two explanations. The witnesses who saw him, he's not saying it was not true. In fact, he does not know because he was under stress. He was rushed by his mother to the hospital and what was his medical condition was already certified to by the doctor's. So let's leave it at that.
"In fact, he said he went to the pinyahan. Going to Cavite ba 'yan? Kasi merong marketing planning yung mga former friends niya, but he was medicating. Kasi nag-rush siya ng term paper... meron siyang deadlines sa eskuwelahan. He just finished. Nag-rush siya. Nagpuyat siya.
"He was rushing his term papers, so he wanted to join his friends there who were in a planning session. Then yung medication niya, I don't know, stress-related nga. Ikaw, di ba, kapag nai-stress ka, you feel nauseous? So, 'yon ang nangyari. He definitely was in the pinyahan.
"He has undergone trauma, not only because of the last incident," patuloy ni Atty. Kapunan. "Something in his past that made him what he is. Let his doctor... I think he's seeing five doctors, let them work on him. Hayden is in a situation where he feels na.... In fact, siguro narinig niyo na ang interbyu niya, or the statement of the family. He feels that Christmas is not the time to go into who said a lie, who said the truth. Christmas is the time to move forward.
"Siya na nga lang yata ang hindi nag-move forward dito. The people involved here... Katrina [Halili] is on to bigger projects, si Vicki [Belo] is on with her business. Si Hayden has recently got affected by a revocation of his license. Of all this Hayden-Katrina brouhaha, siya na lang ang negatively affected. So, does he listen to the media? The answer is no.
"He is becoming very prayerful. He has intensified. If you have been taking medicines for the last eight years and he has nine years to go to be a surgeon, tapos bigla tatanggalan ka ng license na wala ka naman justifiable or legal reason... Sa PMA [Philippine Medical Association], sabi nila, pre-marital sex ang reason, immorality—that should probably disqualify half of the medical association. Not only that, that should also probably disqualify half the Philippine bar."
"MAGSUNTUKAN TAYO!" Kung walang tampo ang kampo ni Hayden sa mga witness, iba naman ang pananaw rito ng mga tumulong diumano sa kanya noong gabi ng December 3.
Nasaktan sina Tano Legaspi, Jerico Legaspi, at ang mag-amang Rudy at Andrew Olivar nang mapanood nila sa TV ang pagtanggi ni Hayden. Sila ang unang sumaklolo at tumulong kay Hayden nang matagpuan ito na umuungol, umiiyak, at nakahandusay sa isang taniman ng pinya sa Silang, Cavite.
Sa panayam ni Hayden sa programang SNN (Showbiz News Ngayon) ng ABS-CBN noong December 9, sinabi nitong: "I did not try to kill myself. I do not know kung sino yung nakikita nilang duguan... Ang hindi ko alam, kung anong place ang sinasabi nila. Saan bang sinasabi nila? Kasi iba-iba yung naririnig ko na sinasabi nila, e. Actually hindi ko rin alam kung sino yung sinasabi nilang nakita nila..."
Ayon naman kay Mang Tony, "Masakit sa amin yung sasabihin na idine-deny nila, pero ang totoo, hindi naman namin siya kilala. Pumunta siya dito, hindi naman kami ang pumunta sa kanya.
"Binigyan namin siya ng serbiyso para matulungan siya. Nang buhatin nga namin siya sa stretcher, labas pa yung paa niya. Tapos sabi nga pa niya, 'O, ingatan niyo yung pinya, kawawa naman.' Ibig sabihin, dito siya galing nang aming tulungan at medyo natatauhan na siya noon.
"Siguro nahihiya siya kaya nagde-deny siya. Nahihiya sila. Hindi ko naman sinasabi na talagang siya ay magpapakamatay, pero yung sitwasyon niya noon, frustrated siya. Hindi ko lang alam kung ano ang problema niya. Basta ang sinasabi niya, 'Hindi ko na kailangan ang tulong niyo. Hiningi ko kay Lord ang aking buhay.'"
Nasaktan man ang mga saksi sa pagtanggi ni Hayden, tila inunawa nila ang hindi pagpapasalamat ng doktor at ng pamilya nito sa mga tulong na kanilang ibinigay.
Saad ni Mang Rudy, "Sila na ang bahala, kasi yung tulong na ibinigay namin sa kanya, kung hindi man siya nagpasalamat, at least makatao naman yung ibinigay namin sa kanya bilang kababayan at saka bilang artista. Saka iginalang namin siya. Walang nawala sa kanya. Hindi namin siya pinagmalabisan. Tinulungan pa nga namin para madala siya sa ospital."
Kasama rin sa denial ni Hayden na may sugat siya sa kaliwang braso. Totoo ang kanyang pahayag dahil sa braso at hindi sa balikat ang dugo na nakita nina Mang Tony.
Kuwento ni Mang Tony, "Ang ilaw namin, e, flashlight pero siyempre kapag natutukan mo ng flashlight, makikita mo ang tunay na sitwasyon, di ba? Sa kanyang braso, may nakita ako na talagang may injection, may dugo. Kung tusok lang ng pinya 'yon, e, napakaliit naman ng tusok ng pinya para siya dumugo.
"Tapos yung sa mukha niya, makikita mo na may mga gasgas, mga bruises. Hindi ko sinabing malalaki. Yung ikaskas mo ba naman ang mukha mo diyan, e, di magagasgas? May nakita ako na tattoo sa braso niya. Ang nakasulat, Hayden at Victoria. Makikita ang tattoo kasi naka-polo shirt siya."
Kung malumanay ang pagsasalita ni Mang Tony, galit at palaban naman ang kanyang bayaw na si Tano Legaspi. Napanood din ni Tano ang denial ni Hayden. Nagagalit siya dahil sa mga kantiyaw ng kanyang mga kakilala na hindi raw totoo ang mga pahayag nila sa Showbiz Central noong nakaraang Linggo. Na pinagmukha silang sinungaling ni Hayden.
"Kami ang tumulong sa kanya, binalewala niya? Itatanggi niya ang katangahan niya?" sabi niya. "Tama ka na Hayden Kho, o kung ibig mo, magsuntukan tayo, maski ako'y maliit!
"Nagsisisi ako dahil ang mga pulis ang tinawag ko para matulungan si Hayden. Dapat pala, sampung bakla ang tinawag ko para pagpistahan siya!" ang gigil na gigil na sabi ni Tano habang kinakalaykay ang mga bunga ng kape na ibinilad niya sa araw.
Kinunan naman ng PEP ang reaksiyon ni Atty. Kapunan tungkol dito.
"I'm not aware na nagtatampo [ang mga witness] and all because hindi naman ako nanonood ng media na 'yan. I don't know what transpired," sabi ng abugado ni Hayden.
Dagdag niya, "On behalf of Dr. Hayden Kho, I'm saying thank you to all the witnesses. Thank you to all those who brought him to the hospital. Thank you to all of those who were kind enough to get in touch with his parents. Whether it was suicide, whether it was overdose, whether it was gastric ulcer as mentioned by the doctors, let's leave it to the professionals.
"But in the spirit of Christmas, kung may nasaktan dito, yung mga witness ni Dr. Kho, o ng statement ng parents, i-offer it to the Lord na lang. I would like to wish them a Merry Christmas and a Happy New Year. Sana kung meron kaming pagkukulang, or if you think Hayden has wronged you, now is the time to forgive and hopefully to forget."
"THE MATTER IS BETWEEN HAYDEN AND HIS GOD." Nagbigay rin ng pahayag si Atty. Kapunan tungkol sa pagkaka-revoke ng lisensiya ni Hayden ng Professional Regulation Commission (PRC). (CLICK HERE to read releated story.)
"What you do in your private life, which is not related to your profession, should not be part of the regulatory board and tinitingnan namin yung events. For instance, na-scandalize tayo when we saw Cebu hospital wherein certain doctors who they think... They were operating some person [who] inserted an object into his anus and one of the doctors took a video thru his cell phone.
"That is related to his profession because it was a doctor, a resident, operating or giving a medical attention to a patient. Did we hear about that? Was his license revoked? No, his license was only suspended. And yet, it is directly related to the profession.
"If assuming there's a sex video which Katrina did not consent to, it is not as if she's being videoed by Hayden, was getting her liposuction or as treating her as a doctor.
"It was done, the sex video, on the confines of a private room between two private individuals consenting; not between doctor and patient. Palagay ko, the decision of PRC is outside the ambit of the intent of the law, which is to regulate the profession. Now, morality, immorality, in conduct, that's a matter between Dr. Kho and his God," saad ni Atty. Kapunan.
KATRINA'S RIGHT TO PRIVACY. Sa palagay rin daw ni Atty. Kapunan, nababaling ang mas malalaking isyu na kinakaharap ng bansa dahil sa isyung ito ni Hayden.
"Ang masaya nga dito sa Hayden Kho, the resurrection of the Hayden Kho sex scandal, dire-diretso, is the Ampatuans dahil kung minsan, marami pa ang nagbabasa about Hayden Kho, instead of reading about the massacre and Martial Law in Maguindanao.
"So, 'yan ang nangyayari sa bayan natin, nabo-blown out of proportion yung mga scandalous. Mas gusto ng mga tao ng ganyan. That's why I don't blame the media because that's what sells the station. That's what sells the diyaryo and, in fact, sabi nga nila, when they were doing the 'who are the top personalities,' I was so surprised because the top personalities are people like Hayden Kho.
"This is a serious case. I am not marginalizing. I'm not saying a crime was... In fact, a crime was committed, pornography. In fact, Hayden Kho was saying, "Why is it always me?' Ang still unresolved diyan is the pornography aspect because even the PRC, which said immoral conduct o pre-marital sex, did not accuse him of pornography. They did not accuse him of distributing. That is what everybody's forgetting.
"Nakalimutan na why we started this whole case. Why Katrina started this case of her claim of right to privacy. Her right to privacy is not the sex video. Her right to privacy was violated because something private was circulated, was publicized, was manufactured, was sold commercially. That is pornography under the existing law.
"Who is guilty of this?" tanong ni Atty. Kapunan. "Ang sabi ng DOJ, dapat ipagpatuloy ng NBI yung investigation ng issue ng pornography aspect. Hinihintay rin namin. Nag-Senate investigation, tinapunan ng tubig si Hayden Kho. I mean, he suffered a humiliation only so they could change the law?
"Was there a report of the Jamby Madrigal committee? Did Senator [Bong] Revilla come out with an amending law? He who claims to be the protector? Meron ngang rumors, and I hope it is not true... Ang rumor nga na naririnig namin na the reason na lumabas ang PRC decision na 'yan is because of Senator Revilla.
"Gagawin daw niya... Again, Senator, please don't sue me for libel. I'm just repeating what I heard... The reason daw, even if there's no basis for the decision was he said that... Budget hearing 'yon, ang sabi raw niya sa PRC ay gagawin niya na one-peso budget daw ang PRC. I mean, sana naman hindi totoo, Senator. I mean you're a good senator for the republic. I hope you are not using this [issue] to further your political ambition.
"In fact, ito nga ang nagpapatibay ng advocacy. Because kung hindi Hayden Kho 'yan at hindi Katrina Halili, alam ba ng publiko kung ano yung pornography? Alam ba nila na kulang tayo sa batas tungkol sa pornography? Alam ba nila ang ibig sabihin ng domestic violence?
"Katrina Halili is claiming economic violence. That's a distortion of the law. When the law, domestic violence RA 9262... Ang sabi nila, yung economic violence, ang ibig sabihin n'on, yung mag-asawa na ang husband does not give support to the wife and to the children. Yung failure to give support, 'yon ang economic violence. Hindi yung kini-claim ng lawyer ni Katrina... and I don't blame Katrina because she should have been guided by her lawyer. Her lawyer was saying that because she lost her job, because she lost her opportunities, that's economic violence.
"That's a wrong advice to a client. Economic violence under the Economic Violence Law is failure to give support to the woman, to the wife, to the mother, and to the children. It is not loss of economic opportunities. As a matter of fact, would she be able to [do a] show kung magiging kaso 'yan? But the fact is she has more films now. She has more projects now," tuluy-tuloy na pahayag ni Atty. Kapunan.
GRUDGE AGAINST GMA-7. May lumabas na report na ayaw magpa-interview ni Hayden sa GMA-7 dahil may tampo raw siya rito. Hindi raw kasi fair ang reporting na ginagawa ng Kapuso network tungkol sa panibagong isyung ito sa kanya. Nag-dialogue pa nga raw siya na: "I will give the ratings to ABS-CBN."
Kinumpirma naman ito ni Atty. Kapunan.
"Oo, GMA, hindi naman fair ang reporting. For instance, I think Katrina is GMA's talent. That's why our client sometimes hesitates to be interviewed because maski na anong sabihin niya, ine-edit. And it's taken out of context.
"I explained this to Jessica Soho. And she said, iba naman daw yung entertainment, iba naman yung news. But you are still media regardless who's your station, talents. You still have duty to the public to come up with the truth or at the very least, with a fair presentation of what you think is the truth. We're not saying naman you're telling falsehoods. We're not saying that," sabi niya.
Pero napag-alaman ng PEP na nagpa-interview si Hayden sa showbiz-oriented show na Tweetbiz ng Q Channel 11, na sister station ng GMA-7. Hindi raw kasi matanggihan ni Hayden ang kaibigan niyang si Tim Yap, na isa sa mga host ng naturang programa.
HAYDEN WILL NOT SUE. Sinabi rin ni Atty. Kapunan na wala silang balak magsampa ng demanda laban sa mga taong sa palagay nila ay nakasakit ng damdamin ni Hayden.
"We have always said to him [Hayden], 'Parang ano 'yan, when somebody throws mud at you, you don't rub it. You wait for it to dry and then you flick it off. Ganyan lang.' So if somebody throws mud at a Hayden Kho, we tell him as his lawyers, to let it dry. It does not diminish you as a person. Humility doesn't make you a lesser person. All of these has taught him the virtue of humility.
"He knows he is a proud person. Sino ba naman ang hindi magiging proud person? Everybody is paying attention to him because from a simple doctor, naging personality siya. Naging that's entertainment siya, and that is enough to make your head bigger
"And he's thinking this is penalty. Penalty for his fame and it has taught him the virtue of humility. It also taught him the virtue of belief in yourself. So slowly, instead of turning outwards, yung dati... When you get hurt kasi, the tendency is magliwaliw ka, you go to watch a movie, whatever... You go into drugs. You go to buy expensive things.
"He's a regular kid. He's 29 years old. He's like a very regular 29-year-old person," patuloy ni Atty. Kapunan. "In fact, sometimes in the privacy of the lawyers, he's a regular person. It is not his fault that he's blessed with a beautiful body and a beautiful face. And some people are lusting after him. It's not his fault.
"He has learned that this is temporary. And therefore, in the end, ang importante, diyan, yung sarili mo. Yung belief ng people that you trust, yung family niya. He's back to his family again and more than that, yung belief in the Lord."
LET JUSTICE SYSTEM WORK. Ipinapaubaya na rin daw ni Atty. Kapunan ang magiging kahihinatnan ng kaso sa korte.
"Sana, people will move on," sabi niya. "Ang inaasahan namin na ending, let the justice system work. Yung kaso nasa korte. They're saying may pronography. They're saying may domestic violence. There's saying there's ground for revocation.
"There's the court. Let them prove that in court. Let them show the guilt of Hayden Kho and let us be able to show his innocence. There's the courts. There's the administrative agencies. Meron naman DOJ diyan, may PDEA, may NBI. Let the system work.
"Unfortunately, there's a tendency of the parties involved here to go to media. Media should not be the judge. Media is not the one to damn the person to hell.
"In fact, what happens to a person and his God, that's personal. What happens between two people, consentual adults, is personal. We don't need Atty. Palads of this world to make it a media event," pasaring ni Atty. Kapunan sa legal counsel ni Katrina na si Atty. Raymund Palad.
Dagdag niya, "Masyadong naman ironic na that something like this, happens on the anniversary of a suicide. Some people are saying, in fact I heard it from GMA... May nagsabi na he's a doctor, kung gusto niya na mag-suicide, e, di alam niya ang right dosage. If that's Ecstasy... alam niya kung ilang Ecstasy ang iinumin o alam niya na... If he wants [to commit] suicide, alam niya na why take drugs, why don't just hang yourself? That means he didn't want to commit suicide. That means kulang sa pansin.
"It is so... I only have one word for it: it is so cruel, it is so cruel. All of these statements, I mean, I will not wish that on my enemies. I have not said anything and you know me, I have not said anything against anyone in [GMA-7]. Lolit Solis has said things about me, I respect her.
"Si Katrina has not said anything, her lawyers talked. I respect. I respect Katrina, but I have filed, we have filed against the lawyer [Atty. Palad] a disbarment case because it is abuse. It is abuse also of Katrina, of the innocence. If she is claiming she's innocent and if she's claiming that she's a private individual, I think she should soul-search and not let other people use her because that is more oppressive than a sex video—allow people to use you."
Ayon pa kay Atty. Kapunan, may plano rin daw ang abugado na magsampa ng disbarment case laban sa kanya.
"He will also file disbarment against us kasi daw pinalabas namin yung video of Lolit Solis [Atty. Kapunan might be referring to Lolit's audio recording]. Lolit herself said that she knew that there was a video. Ang totoo niyan, when she came, we were interviewing Hayden, gagawa ng counter-affidavit. So ini-interview, ganyan, ang mga lawyers. We taped the clients, so there's no misunderstanding.
"When Tita Lolit came, she knew the tape was going on. In fact, she mentioned it. Pinaylan ng kaso si Mrs. [Irene Kko], the mommy of Hayden because she was the one daw who released to the public.
"And then, si Atty. Palad daw will file a disbarment against us because we are using daw the sex video. I mean, if Lolit has not filed anything against us, why is Atty Palad concerned that there's libelous statement.
"If there's a libelous statement here, it's libelous against Lolit Solis, not against Atty. Palad. So, this is a reminder to the legal profession that let us not use or abuse the law because in the end, it is the justice system that must work. Atty. Palad must not use this as an opportunity to give him fame and fortune."