GMA Network seeks SC review of damage suit vs. ABS-CBN

(Quezon City, Philippines) - Broadcast giant GMA Network, Inc. (GMA) filed a petition with the Supreme Court (SC) to review the P100 million civil damages case lodged against ABS-CBN Corp. after the Court of Appeals (CA) upheld its ruling dismissing the same in a decision dated August 15, 2011.

CEBU, Philippines - The Network filed the complaint seeking damages against the Lopez-owned station on November 10, 2005 based on the latter’s malicious statements which were intended to cast discredit and dishonor to GMA on live nationwide broadcast.

The case is in relation to the alleged unauthorized airing of Iraqi captive Angelo dela Cruz’s arrival footage at the Ninoy Aquino International Airport (NAIA) over GMA’s newscast on July 22, 2004.

ABS-CBN claimed over its newscasts that GMA "stole" and aired its live feed, which was actually taken from the Reuters Television Service (Reuters), where GMA had a subscription contract for videos.

GMA likewise filed a criminal complaint for libel against ABS-CBN, which is still awaiting resolution by the Department of Justice.

In the 19-page petition filed by the Network's legal counsel Belo Gozon Elma Parel Asuncion Lucila (BGEPAL) on December 1, 2011, GMA said that “the CA committed grave reversible error in declaring void the orders of the Regional Trial Court (RTC) suspending the [said] civil case [against ABS-CBN].” The CA directed the dismissal of the P100 million damage suit despite the absence of a ground for its dismissal.

The Network argued that the RTC’s earlier issuance of suspension of the civil complaint for damages is within its rightful jurisdiction.

Contrary to the assailed CA’s decision rendering RTC’s decision as “void”, the trial court, under Section 5 of Rule 135 of the Rules of Court, had authority to suspend the civil action during the pendency of the criminal case.

GMA argued that the law does not mandate the dismissal of the civil suit arising from the same acts constituting the criminal action, which was filed after the institution of the criminal case.

The trial court’s suspension of GMA’s civil complaint is consistent with the purpose of the procedural rules, which is to avoid the civil and criminal actions arising from the same act to proceed simultaneously.

The CA already annulled the order of the Secretary of Justice to file copyright infringement charges against GMA in a decision released November 9, 2010 on grounds that the airing of dela Cruz’s homecoming [by GMA] was done in good faith and cannot be regarded as infringement of copyrights.