GMA loses damage suit vs ABS-CBN

Sunday, November 27, 2011
THE Court of Appeals (CA) has upheld its ruling in August that turned down P100-million damage suit filed by GMA Network Incorporated against rival ABS-CBN Broadcasting Corporation.
The case stemmed from two separate programs of ABS-CBN wherein its anchors had accused people from GMA of allegedly stealing a five-second video footage of the former, and portrayed them to their viewers as “thieves,” “snatchers,” and “usurpers.”
In a two-page resolution penned by Associate Justice Florito Macalino, the CA’s Former Sixth Division denied GMA’s motion for reconsideration, saying it failed to raise “justifying circumstance” that would sanction the reversal of its August 15, 2011 decision.

“Acting on the said motion, the Court finds no cogent reason to warrant reconsideration of the said decision. The motion has not raised any new or substantial ground or reason that would call for the countermanding of the Court’s ruling,” the CA ruled.

Concurring with the ruling were Associate Justices Juan Enriquez and Ramon Bato Jr.

In its August 15 decision, the CA nullified the order issued by the Quezon City Judge Ofelia Marquez of Regional Trial Court branch 216 on December 17, 2007, and July 18, 2008 which reinstated GMA’s civil suit against ABS-CBN and denied the latter’s motion for reconsideration, respectively.

In the same orders, the trial court suspended proceedings on the civil case for damages pending disposition of the criminal case for libel.

According to the CA, the trial court violated Section 2, Rule 111 of the Rules of Court in issuing her assailed ruling.

This provision states: “After the criminal action has been commenced, the separate civil action arising therefore cannot be instituted until final judgment has been entered in the criminal action.” It added that if the criminal complaint is filed after the civil suit has already been instituted, “the latter shall be suspended in whatever stage it may be found before judgment on the merits.”

“Despite the availability of the separate civil action for damages to the private respondents, however, they cannot file the same in view of the pendency of their criminal complaint. There should be nothing to suspend since the criminal action was filed ahead of the separate civil action,” the CA said.

Concurring with the ruling were Associate Justices Juan Enriquez Jr. and Ramon Bato Jr.

Based on record, both ABS-CBN and GMA networks deployed news teams to cover the arrival in July 22, 2004 of de la Cruz, an overseas Filipino worker kidnapped in Iraq.

ABS-CBN conducted live audio-video coverage of and broadcasted the arrival of Angelo dela Cruz, a Filipino hostage victim in Iraq, at the Ninoy Aquino International Airport (NAIA) and the subsequent press conference.

On account of their existing agreement, ABS-CBN’s news coverage was carried by the international news agency, Reuters, under the condition that it would be “embargoed” against use by other subscribers of the wire company in the country.

However, being a subscriber of both Reuters and CNN, GMA received the live video feed of the coverage of said arrival that was beamed by Reuters from the NAIA.

Immediately, GMA carried the Reuters feed in its flash news report simultaneously with its own live broadcast.
GMA later explained that it did notice that what Reuters was airing were footages of ABS-CBN and that said live video was under embargo in favor of the latter, prompting it to cut short the showing of the video.

Following the incident, GMA claimed that ABS-CBN aired a report about its alleged violation of its intellectual property rights, as well as downright defamatory statements from its anchors from two TV programs, prompting GMA to lodge a complaint-affidavit in 2004 charging ABS-CBN and its executives with libel.

In a resolution issued on December 3, 2004, the complaint for libel was dismissed by the Office of the City Prosecutor of Quezon City for lack of probable cause.

On appeal, GMA elevated the case to the Department of Justice, which was also denied. The motion for reconsideration of the denial is still pending before the DOJ Secretary.
Subsequently, GMA filed its complaint for damages in November 2005 with the Quezon City RTC, which was later dismissed by the court due to prescription. Under the Civil Code, a civil case for defamation must be filed within one year.

However, acting on the motion for reconsideration of GMA, the trial court reinstated the civil case for damages but suspended such, pending the disposition of the criminal case for libel.

In November last year, a separate division of the CA cleared the owners and top executives of GMA of any criminal liability for alleged violation of the copyright infringement law in connection with the de la Cruz coverage.

The appellate court reversed the findings of former Justice Secretary Alberto Angra and affirmed that of then Justice Secretary Raul Gonzalez that the showing of the live feed was committed in “good faith, and cannot be regarded as an infringement of copyright.” (JCV/Sunnex)
Source: http://www.sunstar.com.ph/manila/local-news/2011/11/27/gma-loses-damage-suit-vs-abs-cbn-192819

Wine is becoming increasingly popular in Manila and other cities in the Philippines. Wine lovers in Manila travel to the north to visit Clark, Pampanga to shop for good and rate vintage wines at good duty-free prices. The most frequently visited liquor shop in Manila and wine shop in Pampanga is Clark Wine Center. This highly recommended wine shop located outside Manila near Angeles City, Pampanga in North Luzon is known for offering a great selection of fine vintage wine that is good quality and good value for money also.

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Getting to this wine shop in Pampanga Angeles City Clark Freeport Zone Philippines from Manila
Getting to the Clark Wine Center wine shop from Manila is quite simple: after entering Clark Freeport from Dau and Angeles City, proceed straight along the main highway M A Roxas. Clark Wine Center is the stand-along white building on the right, at the corner A Bonifacio Ave. From the Clark International Airport DMIA, ask the taxi to drive towards the entrance of Clark going to Angeles City. From Mimosa, just proceed towards the exit of Clark and this wine shop is on the opposite side of the main road M A Roxas.

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Clark Wine Center
Bldg 6460 Clark Observatory Building
Manuel A. Roxas Highway corner A Bonifacio Ave,
Angeles Clark Freeport Zone, Pampanga 2023
0922-870-5173 0917-826-8790 (ask for Ana Fe)

Wine@Yats-International.com

YATS Wine Cellars
Manila Sales Office
3003C East Tower, Phil Stock Exchange Center,
Exchange Rd Ortigas Metro Manila, Philippines 1605
(632) 637-5019 0917-520-4393 ask for Rea or Chay

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