VIVA not harassing Nadine Lustre — statement

31 January 2020
Statement to the Press:

REYNO TIU DOMINGO & SANTOS
LAW OFFICES

This is to address the press statements of Atty. Lorna Kapunan involving Nadine Lustre and her Exclusive Agency and Management Agreement with VIVA Artists Agency, Inc. (“VIVA”).

At the outset, we share Atty. Kapunan’s position that the court of law is the proper forum to discuss the validity of Nadine’s Agreement with VIVA, not through innuendos and press statements. Nevertheless, we deem it necessary to clarify the statements of Atty. Kapunan, which aim to discredit and malign the reputation and good will of VIVA.

This is not a David versus Goliath scenario as portrayed by Atty. Kapunan. Neither is this a situation where artists are taken advantage of by a talent management company. Rather, this matter is about respect – respect for the law, respect for contractual commitments, and good faith in professional relationships.

The Agreement that Nadine entered into with VIVA is valid and subsisting. Under this Agreement, VIVA acts as the sole and exclusive agent and manager of Nadine to develop, advance, and promote her as a performing artist. At the time Nadine executed her first Agreement with VIVA in 2009, she was assisted by her parents. Thereafter, Nadine executed subsequent contracts with VIVA to extend their Exclusive Agency and Management Agreement until June 2029. All the elements of a valid contract are present in Nadine’s Agreement, namely: consent of the parties; object certain, which is the subject matter of the contract; and cause of the obligation which is established.

Atty. Kapunan claims that Nadine’s Agreement with VIVA is a simple contract of agency that may be revoked by Nadine at any time. This is false.

The Agreement between Nadine and VIVA created reciprocal obligations between the parties. VIVA, as Nadine’s exclusive agent and manager was obligated to develop, nurture, and promote Nadine’s career as a performing artist. This required VIVA to invest their time, resources, and good will to hone Nadine’s talent and build her reputation. This included investing in workshops, training her talents, pairing her with an equally popular actor in a love team, producing movies and preparing her for roles that will showcase her skills as an actress, among others. As a result of VIVA’s efforts, Nadine is one of the most sought-after actresses in her generation.

On the other hand, Nadine as VIVA’s exclusive talent is obligated to abide by the terms of her Agreement. This requires Nadine to appear in tapings, shows, and events; to

perform roles in movies which she agreed to do; to coordinate with VIVA on projects and endorsements that would advance her career; among others.

Thus, the Agreement between Nadine and VIVA is for the mutual benefit of both parties. Nadine benefitted as VIVA built and established her career in showbusiness appearing in countless shows, events, and movies, while VIVA received compensation to recover their investments in Nadine and earn a profit. The Supreme Court, in the recent case of International Exchange Bank v. Spouses Briones said that “when an agency is established for both the principal and the agent [meaning it is for their mutual benefit], an agency coupled with an interest is created and the principal cannot revoke the agency at will” (G.R. No. 205657, March 29, 2017). Accordingly, Atty. Kapunan’s theory that Nadine’s contract is a simple agency is mistaken.

The applicable Civil Code provision is Article 1927 which states that an agency cannot be revoked by the principal if a bilateral contract depends upon it. Nadine cannot simply turn her back on her contractual commitments after she received benefits as a VIVA talent.

In performing their functions, VIVA acted in good faith and with Nadine’s welfare and best interest in mind. Thus, Atty. Kapunan’s claim that Nadine’s Agreement with VIVA is unconscionable and oppressive is unfounded. On the contrary, as discussed above, Nadine’s Agreement with VIVA is mutually beneficial. Similar to other VIVA artists and talents, Nadine built and established her career through VIVA. To be fair to VIVA, the termination of Nadine’s Agreement should be mutually agreed upon. Otherwise, they should go to court to litigate this matter.

We likewise take exception to Atty. Kapunan’s claim that VIVA has taken advantage of young artists for the longest time. This accusation is malicious and unjustified.

VIVA established its business on trust and fairness. The talents developed by VIVA that turned into stars in the industry are countless. VIVA’s roster of artists, past and present, is a testament to its reputation in the industry and it will not allow its goodwill to be tarnished by conjectures and motherhood statements not supported by facts.

We likewise clarify Atty. Kapunan’s statement that we, as VIVA’s counsel, did not respond to her letters regarding Nadine. Atty. Kapunan alleges that we “waited in ambush to malign Nadine and harass third parties”. These statements are false and misleading.

The truth is that we responded to Atty. Kapunan’s letter. We have the letter bearing the stamp of Atty. Kapunan’s law office showing that they received it on 21 October 2019. In fact, Atty. Kapunan replied to our letter on 04 November 2019, thus belying her claim that we ignored her communications.

Furthermore, it must be noted that after Atty. Kapunan’s letters to VIVA, Nadine signed several contracts with VIVA inconsistent with Atty. Kapunan’s claim that Nadine has revoked her Agreement. Nadine performed these contracts and this shows her intention to honor her obligations under her Agreement with VIVA. However, it appears that Nadine is being induced to violate her contractual commitments – an act definitive of tortious interference, which Atty. Kapunan falsely accuses VIVA of committing.

We must likewise clarify a certain claim that third parties are not affected by the Agreement between Nadine and VIVA as the same is supposedly a personal contract or an “in personam contract”. This is inaccurate.

Under the law, third parties directly dealing with Nadine may be found liable for tortious interference. The fact that these third parties are not privy to Nadine and VIVA’s Agreement does not preclude a cause of action against them. If these third parties directly transact with Nadine knowing that she is an exclusive talent of VIVA, they are dealing in bad faith and that is an actionable wrong. Furthermore, if a third party enters into a contract directly with Nadine, notwithstanding the subsistence and validity of her Agreement, this contract is deemed null and void under the law.

At bottom, VIVA is not harassing or maligning Nadine as claimed by her lawyer. Neither is VIVA interfering with third parties in directly dealing with Nadine. Rather, VIVA is merely seeking to enforce its rights under the law and under the Agreement that Nadine knowingly entered into and benefited from.

From Guy Ritchie comes star-studded action-comedy film ‘The Gentlemen’

Ready your wits when “The Gentlemen” starts playing their games on January 29 in PH cinemas – a rollicking action-packed caper, where everyone seems to be friends and fiends battling for the highest seat of power. 

From writer-director Guy Ritchie comes The Gentlemen is a star-studded, sophisticated action comedy that follows American expat Mickey Pearson (Matthew McConaughey), who has built a highly profitable marijuana empire in London. When word gets out that he’s looking to cash out of the business, a host of colorful, if entirely illegitimate figures scheme, bribe and blackmail their way to try and steal Mickey’s domain out from under him.

The Gentlemen’s exciting power cast includes Charlie Hunnam, Henry Golding, Michelle Dockery, Jeremy Strong, with Colin Farrell, and Hugh Grant – all under the direction of master filmmaker Guy Ritchie, who returns to the genre and type of characters to which he gave an indelible and unique flavor in films such as Sherlock Holmes, Lock, Stock and Two Smoking Barrels, and Snatch.

Filmmaker Ritchie came up with the idea for the film almost a decade ago. He explains the film’s origins as a work entitled Toff Guys – a reference to the British slang for someone from an aristocratic background, and who exudes an air of superiority – and what drew him to its ideas and themes. “It all spoke to my interest in exploring the meeting of disparate polarities in the English and American class systems. The characters have reached an age where they are magnetically drawn to the finer things in life and have become gentrified in their rather ungentrified business. They are, at their core, hard-boiled and have worked their way up the urban ladder. Now, they’re caught between two worlds, one of which is aspirational. And the things they enjoy are now out of sync with the business they’re in.”

The title The Gentlemen points to their aspirations, but as Ritchie admits, “There aren’t a lot of gentlemen in this equation.”

The Gentlemen opens January 29 in PH cinemas.

‘To All the Boys 2’ stars Lana Condor, Noah Centineo to visit PH for fan event

Will you be our Valentine? Lana Condor and Noah Centineo, stars of the Netflix film To All the Boys: P.S. I Still Love You, will spread kilig in the Philippines in February.

Get ready for an unforgettable Valentine’s this year! Lana Condor and Noah Centineo, the stars of Netflix’s To All the Boys films (To All The Boys I’ve Loved Before and the upcoming To All The Boys: PS I Still Love You), will visit the Philippines to show love to all their fans. 

As a special treat, fans can see Lana and Noah on February 15 at the #TATBPhilippines fan event, following the release of To All The Boys: PS I Still Love You on February 12, only on Netflix. 

The special fan event will take place at Glorietta Activity Center, Ayala Center, 6811 Ayala Ave, Makati, 1226 Metro Manila, Philippines, from 5 pm onwards, February 15, 2020. Entry on first come, first served basis. Fans can follow @NetflixPH on Instagram and Facebook for more details. 

*Event timings and details are subject to change.

About To All the Boys: P.S. I Still Love You

It’s a new year and Lara Jean (Lana Condor) and Peter (Noah Centineo) are no longer pretending to be a couple. They ARE a couple. And, as Lara Jean navigates a trove of official firsts with Peter — her first real kiss, her first real date, her first Valentine’s Day — she finds herself leaning more on Kitty and Margot (Anna Cathcart and Janel Parrish), Chris (Madeleine Arthur), and an unexpected new confidant, Stormy (Holland Taylor), to help her manage the complex emotions that come with this new chapter of balancing a relationship and figuring out her authentic self. But when John Ambrose (Jordan Fisher), another recipient of one of Lara Jean’s old love letters, enters her life again she must rely on herself more than ever as she’s confronted with her first real dilemma: Can a girl be in love with two boys at once?

Starring Lana Condor, Noah Centineo, Jordan Fisher, Anna Cathcart, Janel Parrish, John Corbett, Sarayu Blue, Ross Butler, Madeleine Arthur, Emilija Baranc, Trezzo Mahoro, and Holland Taylor

Based on the #1 New York Times best-selling YA romance novel, P.S. I Still Love You by Jenny Han
Directed by Michael Fimognari
Written by Sofia Alvarez & J. Mills Goodloe
Produced by Matt Kaplan

To All the Boys: P.S. I Still Love You launches on February 12 only on Netflix.

About Netflix

Netflix is the world’s leading streaming entertainment service with over 158 million paid memberships in over 190 countries enjoying TV series, documentaries and feature films across a wide variety of genres and languages. Members can watch as much as they want, anytime, anywhere, on any internet-connected screen. Members can play, pause and resume watching, all without commercials or commitments.

WATCH: Brand new ‘Bloodshot’ trailer upgrades superheroes

Superheroes just got an upgrade in the new international trailer of Columbia Pictures’ new action thriller Bloodshot, from the producers of the Fast and the Furious series.

Check out the trailer below and watch Bloodshot in Philippine cinemas March 2020.

Based on the bestselling comic books, Vin Diesel stars as Ray Garrison, a soldier recently killed in action and brought back to life as the super-human Bloodshot by the RST corporation.  With an army of nanotechnology in his veins, he’s an unstoppable force –stronger than ever and able to heal instantly.  But in controlling his body, the company has sway over his mind and memories, too.  Now, Ray doesn’t know what’s real and what’s not – but he’s on a mission to find out.

Bloodshot is directed by David S. F. Wilson, written by Jeff Wadlow and Eric Heisserer, based on The Valiant Comic Book.  The film is produced by Neal H. Moritz, Toby Jaffe, Dinesh Shamdasani and Vin Diesel.

The cast is led by Vin Diesel, Eiza Gonzalez, Sam Heughan, Toby Kebbell and Guy Pearce.

Bloodshot is distributed in the Philippines by Columbia Pictures, local office of Sony Pictures Releasing International.  Use the hashtag #Bloodshot

‘Mia’ review: A fresh romcom that works

Director Veronica Velasco successfully brings out an entertaining story about love and hope in ‘Mia’ with Coleen Garcia and Edgar Allan Guzman’s undeniable chemistry.

Mia tells the tale of a self-destructive alcoholic girl, Mia, who is a doctor struggling to heal from the tragedy of her fiance’s death, and Jay, who transforms mined-out land into rainforests. They end up meeting each other unexpectedly and soon realize and learn that there is love and hope in life despite the struggles and hurt.

The on-screen chemistry of its lead actors Coleen and EA is undeniably good. Both play equally to deliver an unimaginably funny tandem. Coleen is no doubt beautiful as she deliver a good performance as an alcoholic girl. Her role is one for the books—a good transformation from being sweet to being self-destructive—you’ll hope to see more of her in future films. EA, on the other hand, adds color and entertainment to the whole film, given the fact that his character is so smart you’ll get annoyed sometimes but also laugh with every jokes he tries to crack.

This film successfully tells its unique story of hope and love. Director Veronica Velasco’s trivia-filled romantic comedy is for everyone who wants to watch a unique film that has substance and passion. There’s a lot of lessons other than mere hugot, more love over hatred, that everyone could relate to. Mia is a must-watch if you are looking for a simple film to start your year. The cinematography is good, the locations are amazing, and the soundtrack perfectly fits its overall vibe.

Mia is a recommendable feel-good film that will make you realize that there is hope in life. It is a great local film to start your 2020 with. It is inspiring enough to keep you believing in the power of love and friendship.


Produced by Insight 360 Films in partnership with Viva Films, ‘Mia’ stars Coleen Garcia, Edgar Allan Guzman, Billy Crawford, William Martinez, Sunshine Teodoro, Jeremy Domingo, Pau Benitez, and Yayo Aguila.

One of the year’s best films ‘1917’ arrives in PH cinemas this Feb

Two men, one mission. Save 1600 lives. If they fail, it will be a massacre. Now, there is no turning back. And every second counts.

Sam Mendes, the Oscar®-winning director of Skyfall, Spectre and American Beauty, brings his singular vision to a visceral new epic 1917 inspired by the experiences of his grandfather and others who served in World War I. 

Nominated for ten Oscar Awards including Best Picture, Best Director and Best Adapted Screenplay and winner of the Best Picture and Best Director at the recent Golden Globes, 1917 tells the story of two young British soldiers at the height of the war, Lance Corporal Schofield (Gorge MacKay) and Lance Corporal Blake (Dean-Charles Chapman) as they are given a seemingly impossible task. In a race against time, they must cross enemy territory to deliver a message that could potentially save 1,600 of their fellow soldiers—Blake’s own brother among them. In this immersive cinematic experience, Mendes thrusts the audience into the immediate peril and vast scale of World War I, witnessing the conflict in an urgent and propulsive way.

The high-stakes-mission film also stars Mark Strong (The Imitation Game) as the compassionate and wise Captain Smith; Andrew Scott (Amazon’s Fleabag) as Lieut. Leslie, the war-weary commander of the Yorks and Richard Madden (Netflix’s Bodyguard) as Lieut. Blake, Blake’s elder brother, marching toward the Hindenburg Line.  

They are joined by Oscar® winner Colin Firth (The King’s Speech) as General Erinmore, who sends the pair on their mission; and Benedict Cumberbatch (Avengers series) as Colonel Mackenzie, commander of 2nd Battalion, who is convinced they have the Germans retreating and is determined to finish the job.

“I was always fascinated by the Great War, perhaps because my grandfather told me about it when I was very young, and perhaps also because at that stage of my life, I’m not sure I’d even registered the concept of war before,” Mendes says. “Our film is fiction, but certain scenes and aspects of it are drawn from stories he told me, and ones told him by his fellow soldiers. This simple kernel of an idea—of a single man carrying a message from one place to another—stayed with me and became the starting point for 1917.”

Ultimately, the film pays tribute not just to World War I soldiers but to all military members, past and present and their sacrifice for the greater good and pursuit of freedom.  

In Philippine cinemas February 5th, Sam Mendes’ 1917 is distributed in the Philippines by United International Pictures through Columbia Pictures.  #1917Movie

Relive the memory of ‘Cats’ at SM Cinema

Get ready to dance and belt out some classic tunes as SM Cinema brings you Cats, a movie adaptation of the beloved Broadway musical.

Cats tells the story of a tribe of cats called the Jellicles and their annual Jellicle Ball, a ceremony where a cat from the said tribe is chosen to ascend to the Heaviside Layer and be granted a new life. We follow Victoria, a new cat taken in by the Jellicles when they witness her being thrown out by her owner, as she learns about her new home and all the unique cats.

Full of magic and music, Cats features a star-studded cast that includes Jennifer Hudson as Grizabella, Ian McKellen as Gus, Jason Derulo as Rum Tum Tugger, Judi Dench as Old Deuteronomy, James Corden as Bustopher Jones, Idris Alba as Macavity, Rebel Wilson as Jennyanydots, Taylor Swift as Bombalurina, and Francesca Hayward as Victoria.

Cats is a fun family film filled with memorable moments and songs to enjoy with your loved ones and what better way than to watch it than in Director’s Club Cinema, SM Cinema’s premiere theatre featuring plush leather seats and an in-house butler service so you never have to miss a single second of the movie. We will definitely be singing along once they sing ‘Memory’! SM Cinema Director’s Club is available in eleven (11) branches: SM Aura Premier, SM BF Paranaque, SM East Ortigas, SM Mall of Asia, SM Megamall, S’Maison, The Podium, SM Puerto Princesa, SM Seaside Cebu City, SM Cagayan de Oro Downtown Premier and SM Fairview.

Watch Cats at any of the 60 SM Cinema branches nationwide! Book your tickets through the website, www.smcinema.com or download the SM Cinema mobile app.  You may also follow /SMCinema on Facebook and @SM_Cinema on Instagram for updates! Satisfy your cravings at Snack Time, the official food concessionaire of SM Cinema, which offers a wide array of snack like popcorn, hotdogs and burgers to complement your movie watching experience. Follow /SnackTimeOfficial on Facebook for more information.

Meet the creepy ghosts in new remake of horror film ‘The Grudge’

The ghosts in Columbia Pictures’ new horror thriller The Grudge (in Philippine cinemas January 15) are rooted in the murders in the doomed Reyburn house of the Landers family, instigated by the mother, who brought the Grudge back with her from Japan.  Different individuals who enter the house and become affected by the curse themselves tend to have interactions with different Landers ghosts – and there’s a reason why.

Based on the Japanese film “Ju-On: The Grudge” written & directed by Takashi Shimizu, The Grudge presupposes that when someone dies in the grip of a powerful rage, a curse is born. The curse gathers in the place of death, and those who encounter it will be consumed by its fury.  

“The Grudge is a curse that manifests itself in different ways, depending on who it’s manifesting itself to,” director-writer Nicholas Pesce explains.  For example, Detective Muldoon (Andrea Riseborough) is dealing with the grief of losing her husband – so the ghost that primarily appears to her is that of Fiona’s dead husband, Sam.  “And Peter (John Cho), he’s all about being a parent, and the child ghost is the one that appears to him.”

Scene from Screen Gems’ THE GRUDGE.

The ghosts deliver something else that Grudge fans know and love from the previous films – their “croak” or death rattle.  The croak in the Japanese films comes from the sounds that Kayako makes when she dies, one which, Pesce notes, was made by filmmaker Shimizu himself.  “Even long before he made the Grudge movies, he used to creep up behind his sister while she was doing her homework and do that sound behind her head!  And it would make her lose it.”

Here, Pesce also wanted the ghosts to croak, based on how they die.  “But always knowing that it should be in the same world as the classic croak (which the director actually borrowed from the original film for a brief moment in the opening, when Kayako appears behind Fiona while she’s still in Japan).  “Sam’s is like a traditional Grudge croak – he fell down the stairs and his neck is twisted.  It’s a little bit more gurgly, because of the blood that’s pooling in his mouth.  Fiona had stabbed herself in the neck, so hers is a throaty groan, but a little wheezy, because her vocal chords and her throat are punctured.  And Melinda is more like a little girl shriek.  So we mixed that with the sound of screams underwater.  Because a child screaming is terrifying.”

John Cho in Screen Gems’ THE GRUDGE.

Directed by Nicolas Pesce, The Grudge stars Andrea Riseborough, Demián Bichir, John Cho, Betty Gilpin with Lin Shaye and Jacki Weaver. With a screenplay by Nicolas Pesce and a story by Nicolas Pesce and Jeff Buhler, The Grudge is based on the film Ju-On: The Grudge written & directed by Takashi Shimizu. The Grudge is produced by Sam Raimi, Rob Tapert and Taka Ichise and is executive produced by Nathan Kahane, Erin Westerman, Brady Fujikawa, Andrew Pfeffer, Roy Lee, Doug Davison, John Powers Middleton and Schuyler Weiss. 

The Grudge is distributed by Columbia Pictures, local office of Sony Pictures Releasing International. #TheGrudge

Lin Shaye and Tara Westwood in Screen Gems’ THE GRUDGE.

WATCH: Trailer for ‘A Quiet Place Part II’ poses deadlier threats

“There are people out there worth saving.” Check out the first official trailer for Paramount Pictures’ A Quiet Place Part II and watch the film in Philippine cinemas March 2020.

Paramount Pictures presents in association with Michael Bay, a Platinum Dunes / Sunday Night production, a John Krasinski film “A Quiet Place Part II.”  Executive producers Allyson Seeger, Joann Perritano, Aaron Janus; produced by Michael Bay, Andrew Form, Brad Fuller, John Krasinski.

Based on characters created by Bryan Woods & Scott Beck, written and directed by John Krasinski.

A Quiet Place Part II stars Emily Blunt, Cillian Murphy, Millicent Simmonds, Noah Jupe and Djimon Hounsou.

Following the deadly events at home, the Abbott family (Emily Blunt, Millicent Simmonds, Noah Jupe) must now face the terrors of the outside world as they continue their fight for survival in silence. Forced to venture into the unknown, they quickly realize that the creatures that hunt by sound are not the only threats that lurk beyond the sand path.

A Quiet Place Part II is distributed in the Philippines by United International Pictures through Columbia Pictures. #AQuietPlace