NBI files charges vs two website maintainers

July 6, 2009 9:16 am 

MANILA, July 6 –The National Bureau of Investigation (NBI)has charged two maintainers of the website that allegedly first broadcast Dr. Hayden Kho's sex videos for immoral doctrines, obscene publications and exhibitions and indecent shows.

Head Agent Palmer Mallari, executive officer of the NBI Anti-Fraud and Computer Crimes Division (AFCCD), said Jobert Lazarte and his brother Marvin, were inquested at the Cavite Provincial Prosecutor’s Office with violation of Article 201 of the Revised Penal Code.

Lazartes' patriarch Fidel was spared from the charges as he had no hand in the uploading of the sex videos.

Immoral doctrines, obscene publications and exhibitions and indecent shows are punishable by imprisonment of prision mayor or a fine ranging from P6,000 to P12,000, or both imprisonment and fine.

The NBI found out that the uploader identified as “Dance commander” uploaded “Careless Whisper” via email in the fleshasiadaily.com at 4:20 p.m. on May 8, 2009.

Dance commander allegedly uploaded Beautiful Girl at 9:30 p.m. on May 15, 2009, sex video of Katrina Halili and Kho at 1:20 a.m. of May 18 and sex video of Maricar Reyes and Kho at 11:40 a.m. May 18, 2009 and sex video of Brazilian and Kho at 11:40 a.m. May 18, 2009.

The uploader “thegreatest” uploaded sex video of Maricar Reyes and Kho (sala) at 5:44 p.m. on June 10, 2009.

Head Agent Palmer Mallari, executive officer of the NBI Anti-Fraud and Computer Crimes Division, said that establishing the identity of the Dance commander and “thegreatest” via email to the FLESHASIADAILY.COM was now the focus of their probe.

Since the address and owner/systems administrator of the www.fleshasiadaily.com is unknown, the NBI merely determined the company which conducted webhosting of the said website and found out to be Hostgator.com Brent Oxley (support@hostgator.com) , No.11251 Northwest Fairview Suite 400, Houston, Texas, 77092, USA.

Palmer, further said in the report, that the NBI requested the Department of Justice (DoJ) to avail of the Philippines’ Mutual Legal Assistance Treaty (MLAT) with the United States

The NBI had to use other alternative techniques to trace the maintainers of the fleshasiadaily.com as it would take time to wait for the go signal of the United States court to open the system log of the US webhost and later uncovered that www.fleshasiadaily.com was maintained by one Fidel R. Lazarte.

Reports said A Whols look-up conducted on the IP addresses disclosed that it belonged to Internet Protocol pool of Globe Telecom Inc. The NBI requested the Globe for the information.

Lawyer Gilbert A. Escoto, legal counsel of Globe Telecom Inc. sent a letter to NBI officially transmitting the information needed by the NBI.

“We are now establishing why www.fleshdaily.com was chosen by the sender/senders while there are other more popular websites. The website initially has 60,000 hit every day but because of the sex videos it has 1.2 million hit every day,” said Palmer.

On Friday afternoon, NBI operatives raided the website that first uploaded the sex videos of cosmetic surgeon Hayden Kho in Bacoor, Cavite. The website was viewed by over one million website viewers everyday.

Jobert reportedly admitted to NBI operatives that they maintained the website that broadcast the two videos of Kho dancing with Katrina Halili.

However, Jobert denied that they uploaded the sex videos of Kho with different women – Katrina Halili, Maricar Reyes and an unnamed Brazilian model.(PNA)

RMA/JES

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