VIVA not harassing Nadine Lustre — statement

31 January 2020
Statement to the Press:


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.

Nadine Lustre, Sam Concepcion show dancing prowess in dance musical ‘Indak’

Multimedia Princess, Nadine Lustre fresh from her back to back win as best actress in Famas and Gawad Urian, and Total Performer, Sam Concepcion will bring the beat on the big screen in the most epic Dance Movie of the Year, INDAK. 

INDAK is about a simple island girl named Jen (Nadine Lustre), who loves dancing, but never showed her true talent to anyone. Not until a video of her dancing went viral online and Vin (Sam Concepcion), leader of Indak Pinas invites her to come to Manila and join them. Not confident with her own talent, Jen hesitated to accept Vin’s invitation at first. But Vin finally convinces Jen when he mentioned that their group is going to compete at the World Dance Championship in South Korea, and that her presence in the group will have a great impact.

In Manila, Vin helps out Jen in improving her dancing, as well as adjusting living in the city. The two not only find their groove, but also slowly fall for each other. With the rest of the crew, they must work together to bring out their best performance. But with struggles, dilemmas and past issues getting in the way, can they bring out a performance that will wow the whole world?

Aside from the amazing choreography, INDAK also features great soundtracks like SUMAYAW SA INDAK by Nadine Lustre featuring Pio Balbuena and Shehyee, Sam Concepcion’s soulful version of IKOT-IKOT and Janine Teñoso’s heart-wrenching version of HINDI TAYO PWEDE. Directed by the number one concert director, Paul Alexei Basinillo, INDAK was shot in the beautiful island of Bantayan in Cebu, and scenic South Korea, making the whole movie a feast for the senses. 

Dance to the beat of your dreams as INDAK hits cinemas nationwide on August 7.

Nadine Lustre, from Multimedia Princess to FAMAS Best Actress

Nadine Lustre, dubbed the Multimedia Princess for her success in movies, TV, music, and online, has just cemented her status as the best actress of her generation with her recent victory at the 2019 FAMAS Awards where she bagged the trophy for Outstanding Performances by an Actress in a Leading Role for her acclaimed blockbuster movie, ‘Never Not Love You.’

This is Nadine’s first film acting nomination and award from a major organization. Even more noetworthy is the fact that she won over a formidable group of nominees with mant award-winning A-list veterans including Judy Ann Santos, Angelica Panganiban, and Viva queens Anne Curtis and Sarah Geronimo.

“It’s so overwhelming,” Nadine says. “Nakaka-proud and humble at the same time to be given this honor by the FAMAS na institusyon na sa film industry.”

This new carrer milestone comes just 5 years after Nadine made her big breakthrough in showbiz via the movie ‘Diary ng Panget,’ which was shown in April 2014. That teen-oriented blockbuster instantly made her a household name and established her as a new princess of kilig.

Her acting skills got honed with subsequent movies and TV shows that saw her tackling more complex roles. Praises for her performances kept pouring in from ordinary viewers and critics alike, notably for her top-rating teleserye ‘On the Wings of Love’ where she played a simple Pinay girl who is forced to marry in order to legally stay in the US.

Still, many were surprised by the level of excellence she displayed in ‘Never Not Love You.’ But it’s less of a mystery now where Nadine drew her emotions from. In her acceptance speech at the FAMAS, she revealed that she was damaged in her personal life just a few months before she made the movie.

“October 2017 po kasi, merong isang malaking bagyo na dumaan sa buhay ko, and sobrang malaking damage po yung ginawa nito sa akin. Ilang beses ko rin pong gustong umatras. Pero iyong reason po kasi talaga kung bakit sobrang proud and sobrang unforgettable po nitong pelikulang ito para sa akin is kahit po nandoon po ako sa lowest point ko, naitawid ko po yung pelikula with flying colors.”

Her FAMAS trophy is further proof that ‘Never Not Love You’ was not a fluke as Nadine received even more raves for her follow-up movie, ‘Ulan.’ In fact, several showbiz watchers have said that she’s a shoo-in for more Best Actress nominations in next year’s awards race.

Nadine will showcase more acting fireworks, as well as her dancing skills, in her next film, the musical-drama ‘Indak’ which is scheduled to hit the big screen later this year. She is also set to return to television in a new show in ABS-CBN where she just renewed her exclusive contract for another year.

‘Ulan’ review: Nadine Lustre’s best performance yet

In a world filled with hopeless romantics, Irene Villamor’s Ulan encapsulates the meaning of ‘finding yourself before finding love.’

Ulan tells the story of Maya (Nadine Lustre) who grew up believing her Lola’s myths of finding true love against all odds, so much that it came to an extent that she shaped her life and expectations through such philosophy. However, after being disappointed by the unfortunate events in her love life — the engagement of her childhood crush to someone else, and the painful breakup with her first boyfriend — she swears to herself that she’ll never cry again for someone else, nor hold on to the foolish notion of love coming for her.

Just as when she decides to focus on other things like her career, fate brings her to a social welfare volunteer named Peter (Carlo Aquino) who tags her into the world of charitable works. The two of them quickly get along but with both swearing a promise not to fall head over heels again, circumstances immediately lead them apart. Ironically, it is on those days when she’s alone that Maya finds the true meaning of love and gets back her identity in the process. When the time comes that she has come to terms of how she truly feels, her conviction grows even stronger that neither rain or storm can stop it.

Ulan gives us a picture of life and love, challenge by an ominous superstition in its backdrop. It perfectly places the Philippine folklore about the Tikbalang myth as it relates so much to Maya’s character journey. The subversity of the romance genre unexpectedly gives so much heart to its proceedings. As seen in the trailer, this is not your guilty pleasure hugot film, but it manages to come above that and be a fun-filled and lighthearted experience. It simply shows how life can be with the presence of a significant other, yet it does not reinforce the need for such to be truly happy. It is so poetic that it lets us discover love with our own interpretations. Aside from having a heartfelt story, viewers will also enjoy the spectacular visuals and cinematography that is less seen in a regular local film. Truly, every scene is alluring and captivating.

What’s even great is the film’s element of unpredictability as it nudges on your curiosity to comprehend its profound symbolisms. It is through these unique narrative choices that the film draws a breath of fresh air, as well as letting its audience bring out their inner child. When all is said and done, the screenplay proves to be a well written piece that it leaves you satisfied rather than having a heavy heart.

The cast members remarkably did a wonderful job in portraying their characters to make this film more watchable. There’s no pre-existing magic here since the leads don’t belong on the same love team, the film earns it along the way. Lustre stands out as a wonderful lead as she shows an array of skills that is beyond the reach of an average actor. Her endearing antics and unexpected chemistry with Aquino prove that she can stand on her own, making this film as indeed one of her bests. Aquino, on the other hand, is still charming as he plays an efficient supporting role that shows off his flexibility. Together, their chemistry builds a deep meaning that should make the viewers yearn for more.

More than just a love story, Ulan takes you to a ride to self-discovery, with a pleasant twist of the Philippine folklore experience.

4.5 out of 5 stars
Now showing in cinemas nationwide, Ulan is an original HOOQ movie produced in association with VIVA Films. Directed by Irene Villamor, and stars Nadine Lustre, Carlo Aquino, Marco Gumabao, AJ Muhlach, Perla Bautista, Leo Martinez, Elia Ilano, Limer Veloso, Andrea Del Rosario, Kylie Verzosa and Angeli Bayani.

Magic realism, romance in Nadine Lustre-starrer ‘Ulan’

After VIVA Films released the official trailer of Ulan on Friday, 8th of February, the outpouring of support from netizens was instantaneous. #UlanTrailer hit the no.1 spot in the country’s trending topics, followed closely by Maya, Nadine Lustre, Carlo Aquino, and Direk Ayrin – all major players in what already appears to be a much-awaited film this summer.

Tagged as a romantic drama, Ulan tells the story of Maya who was raised by her grandmother. As a child, Maya became aware of the mythical creature called “Tikbalang” (half-horse, half-human) and the superstition that rain pours in the middle of a sunny day when two of these creatures are being wed. According to her grandmother, it means that heaven is not in favor of this union.

As a young woman, Maya is a hopeless romantic. She works in a publishing company as an editorial assistant. She has fallen in love and has been heartbroken twice. And then she meets Peter who is kind, thoughtful, helpful, and every bit a boyfriend material. But Maya realizes that each time she’s onto something good, rain falls all of a sudden. Must she now take it as a bad omen? Is it heaven’s way of telling her that she’s about to face a bitter fate?

Breathing life to the character of Maya is Multimedia Princess Nadine Lustre. She was personally chosen by writer-director Irene Emma Villamor who describes her as “a modern Filipina and really has that depth to understand concepts like this. And brave enough to plunge in to a role of Maya.”

From the very start, Nadine showed dedication to immerse herself in the role and to connect with her director. Direk Irene further shares, “Nadine and I sat on the first day of shoot and we talked for almost an hour, naka-costume na siya nun, ready for blocking na. But I had to pause and we just sat away from the crowd and talked about the bigger things in life. About what this movie means to me and to her. About our nervousness. And I said to her this is going to be our journey together, because Maya has been there with me since I was young.”

It was for a Film class way back in 1999 when Direk Irene created a 5-minute narrative about a girl named Maya. “Her dream was to climb a tree in their backyard,” she elaborates, “but her mother would always catch her and reprimand her.” Until one day, she finally climbed it, “and saw what a fantastic view it was – roofs of different corrugated, rusty metals, top of other trees, some birds. And she was wishing her mother could also see it.”

“That was really the germ of the character Maya, and she never left me since,” declares this director who brought us the certified blockbuster movies “Camp Sawi”, “Meet Me in St. Gallen”, and “Sid & Aya: Not a Love Story.”

“She evolved into a short story when I was already a script continuity supervisor under Direk Joyce (2004-2005). By this time, I was reading Gabriel Garcia Marquez and Allende stories – all those fantastic stories with magic realism elements. So I wrote about Maya seeing tikbalangs, and the mother became the Lola. And I love the rain so nagsama-sama na siya sa utak ko.”

“Direk Joyce caught me writing and read what I wrote and said to turn it into a screenplay so I did,” Direk Irene concludes. Ulan is her first screenplay. Bb. Joyce Bernal serves as this movie’s Creative Producer.

Getting Carlo Aquino to play Peter was a breeze. “We had breakfast just to talk about the role, and he said nakwento ko na sa kanya dati yung concept so of course he’ll do it. Wala nang pitch pitch!” Direk Irene enthuses.

She commends the award-winning actor for being “so good in understanding the character and finding connections with the role. He makes my job so much easier because I don’t explain a lot when I talk to him. There’s a click that happens and there he is, right there being Peter.”

Ulan also features Marco Gumabao and AJ Muhlach, the most promising actors of their generation, as Maya’s ex-lovers.

Young Maya is played by Ella Ilano, while the grandmother is played by Ms. Perla Bautista.

The biggest challenges of this film were creating the rain effect which happened almost every day and deciding on how the tikbalang would look like. “Our tikbalang took 3 (look) tests just to decide on what is best,” reveals Direk Irene.

They asked themselves, “Sino ba ang nakakita na ng tunay na tikbalang? Di ba si batang Maya? So ano itsura no’n?” In the end, the inspiration came from the paper mache works of the artisans they encountered while filming in Pila, Laguna. She says, “We decided on that look (for the tikbalang), and acknowledge the crudeness and the innocence of it all.”

Direk Irene is grateful and proud to be able to bring this kind of film to mainstream. “Hindi biro ang sugal ng VIVA (for producing) and N2 (for line producing)…We were doing something different…I have all these people in the production na kakapit-kamay at laging susubok at hindi takot magkamali – my staff and cast,” says the director who is admired by many.

Ulan is a product of hard work and passion. Part of the team is the award-winning cinematographer Neil Daza.

Rivermaya’s ‘90s classic song “Ulan” is turned into a much subdued ballad by OST Princess Janine Teñoso, making it the film’s official theme song. “Heto na Naman” by Rice Lucido is part of the soundtrack.

For Nadine Lustre, who was hailed for her performance in her last movie “Never Not Love You”, this is a new opportunity to shine outside a love team. “I’m really, really excited kasi maganda talaga ‘yung story; it’s more about self-love,” she said in an interview.

How Maya cultivates self-love as the plot unravels is something to look forward to.

Catch Ulan in cinemas nationwide beginning March 13, 2019.

WATCH: Nadine Lustre’s ‘Ulan’ full movie trailer

Viva Films has just released the full movie trailer for Nadine Lustre’s first-ever solo movie project, ‘Ulan.’

Watch the trailer for ‘Ulan’ below.

Mixing romance and Philippine mythology, ‘Ulan’ is written and directed by Irene Emma Villamor, who also hemmed and penned ‘Sid & Aya: Not a Love Story’ and ‘Meet Me in St. Gallen.’

‘Ulan’ also stars Carlo Aquino, Marco Gumabao, and AJ Muhlach as Nadine’s three leading men.

Produced by Viva Films, ‘Ulan’ opens across Philippine cinemas on March 13, 2019.

MOVIE REVIEW: Never Not Love You (2018)

Antoinette Jadaone’s ‘Never Not Love You’ is her bravest and most nuanced work to date. It paints a realistic portrait of love – the euphoria, the sorrow and everything in between.

For the most part, Never Not Love You keeps its leads, Joanne and Gio, exchanging three magical words that we all know too well: “I love you.” Somehow, it never feels contrived nor redundant because those words have a growing definition at each phase of their relationship. The first time they said it could possibly mean “I really like where this is going” as opposed to saying it again after months or years of being together which could be somewhere from “You’re important to me” to “Life gets in the way, but we’ll work it out.” Well, I’m sure you get the point. Those three words essentially lay out the film’s framework. NNLY paints a realistic portrait of love – the euphoria, the sorrow and everything in between. It does not beg to be understood; it just plays out the way it should be in real life with viewers coming up with their own realizations. It makes your usual romcom look hyped and calculated.

By all means, NNLY is an “ordinary” romance drama that works. We are presented with a lovestruck couple in their early 20s: Joanne (Nadine Lustre), a hardworking aspiring brand manager and Gio (James Reid), a carefree graphic artist. The film initially captures the giddiness of young love but as soon as real-life tensions materialize, it loses the sugar rush and transcends into a more mature and interesting dynamic. It’s nice to have a whole life planned ahead of you, with your significant other in the picture. But what happens if you choose the wrong life and get stuck with it? This dilemma dawns on Joanne as she gives up her career to follow Gio in London. She’s afraid of losing him that she starts to lose herself in the process.

The central conflict might seem like a cliche case of pursuing self-growth versus maintaining a harmonious relationship but the film goes beyond that. Life changes us and the people we love and we may not be too accepting of each one’s new version. Gio points out that she misses the old Joanne, the wide-eyed girl whose world revolves around him but ironically, he’s also not the same person as before. Both have different life philosophies and as the film progresses they manage to re-shape each other’s perspective.

The subject of long-distance relationship has also been tackled and it is anything but rosy. If anything else, the story of Gio and Joanne resonates to the couples who try their best to find a reason to stay in a relationship despite having lost the “magic” of it. The film thrives best in the long stares and silences of its characters, as they go through their moments of introspection.

It sure helps a lot to have a popular real-life couple play the leads and at the same time, it is refreshing to see them in a different light, devoid of any usual antics that make their die-hard fans squeal with “kilig.” They reportedly improvised a lot of the dialogue, which explains why it sounds so natural. Reid works his bad boy charm and Lustre effectively displays an array of mixed emotions. Admittedly, this is the first JaDine film that I saw and from the looks of it, these breakout roles only serve as a prelude to the bolder and more unconventional roles to come.

Mycko David’s cinematography permeates with warmth especially on the scenes taken at the Squid Ink. Neon lights make everything look, dare I say it, sexy. As for director Antoinette Jadaone, this is her bravest and most nuanced work to date. The third act could have been compressed tighter and thereby end with a stronger finish but without spoiling anything, I am fine with the hint of ambiguity in its ending. If you look at the bigger picture, everything is actually in there.

Clocking-in for just almost 100 minutes, Never Not Love You comes out as a fully-fleshed love story of Gio and Joanne, an unpretentious take on young and reckless love, a raw experience on the joys and pains in committing to a relationship. Nothing worth having comes easy.

Never Not Love You is now showing on PH cinemas nationwide.

4 out of 5 stars

‘Never Not Love You’ trailer hits 2 million views in 27 hours on Cinema Bravo

The new Jadine movie ‘Never Not Love You’ has already reached 2 million views on Facebook via Cinema Bravo in just 27 hours.

As of 6:40 PM today, March 16, the trailer for Antoinette Jadaone’s latest romantic film has passed the 2 million mark in terms of Facebook views, with more than 83,000 reactions and 65,000 shares, a day after its release.

On Twitter, the hashtag #NeverNotLoveYouTRAILER is still being talked about while #NeverNotLoveYouIn15Days is top trending in the Philippines.

‘Never Not Love You’ tells the story of Gio (James Reid) and Joanne (Nadine Lustre) whose young, carefree, and reckless love ends when their dreams take different paths and their life choices tear them apart.

Released by Viva Films, ‘Never Not Love You’ opens Black Saturday, March 31, in Philippine cinemas. Watch the full trailer here:

‘Never Not Love You’ trailer hits 1 million views in 9 hours on Cinema Bravo

The first trailer for Antoinette Jadaone’s romantic film ‘Never Not Love You’ has already reached 1 million views on Facebook via Cinema Bravo in just 9 hours.

‘Never Not Love You’ tells the story of Gio and Joanne whose young, carefree, and reckless love ends when their dreams take different paths and their life choices tear them apart.

As of 1:15 AM today, March 16, the trailer for the comeback movie of James Reid and Nadine Lustre has passed the 1 million mark in terms of Facebook views, with more than 50,000 reactions and 39,000 shares.

Top comments show excitement and interest over NNLY.

On Twitter, the hashtag #NeverNotLoveYouTRAILER became top trending in the Philippines with positive feedback setting the night ablaze.

The multimedia loveteam of #Jadine has made a total of five movies prior to NNLY, namely: Diary ng Panget (2014), Talk Back And You’re Dead (2014), Para Sa Hopeless Romantic (2015), Beauty and the Bestie (2015), and This Time (2016).

Released by Viva Films, ‘Never Not Love You’ opens Black Saturday, March 31, in Philippine cinemas. Watch the full trailer here:

WATCH: James Reid, Nadine Lustre sizzle first ‘Never Not Love You’ teaser

Viva Entertainment has just released the first teaser for the latest movie of #JaDine, ‘Never Not Love You,’ from writer-director Antoinette Jadaone (‘That Thing Called Tadhana,’ ‘On the Wings of Love,’ ‘Love You to the Stars and Back’).

James Reid and Nadine Lustre plays Gio and Joanne, two young lovers who meet and fall in love. Together they build a life until career opportunities bring them out of the country, out of the comforts of home and with individual careers going different directions. The struggle begins as their love tries to survive.

Watch the comeback movie of the multimedia loveteam, James Reid and Nadine Lustre, ‘Never Not Love You.’ Coming soon in Philippine cinemas this 2018.