Pacquiao has no ABS-CBN contract

MANILA, Philippines - Even as Manny Pacquiao announced his decision to switch media loyalties to ABS-CBN, it appears the boxing icon has not signed a contract with the giant media network.

A reliable source said yesterday Pacquiao inked a letter of intent to move to ABS-CBN and a letter to rescind his contract with Solar Entertainment but had not signed anything to formalize an agreement with the Lopez group. This was confirmed by Pacquiao’s lawyer Franklin (Jeng) Gacal who flew from Manila to the US when he found out about the decision to terminate the Solar contract early this week.

Lawyer Enrique de la Cruz Jr. explained that in the absence of a signed contract with ABS-CBN, it will be easier to facilitate a settlement with Solar.

The speculation is Pacquiao shielded ABS-CBN by affirming it was his decision to move. If Pacquiao hasn’t signed a contract with ABS-CBN, it may also be a hedge as in the event he decides to go back to Solar, he wouldn’t be violating any contract with ABS-CBN.

De la Cruz said there is an apparent attempt to make it seem like ABS-CBN did not induce Pacquiao to switch.

As for Pacquiao’s letter to Solar requesting to inspect financial records in order to determine outstanding obligations, de la Cruz said it is a tacit admission that he has a live contract with the TV network.

“By asking to look into Solar’s financial records, Manny is invoking a provision in his contract with Solar which means he is admitting the contract is subsisting,” said de la Cruz. “It also means there is no basis for his decision to rescind because he is just now asking to look into the records.”

De la Cruz said Pacquiao must prove that Solar has been remiss in its obligations as a basis for rescission.

“Manny is challenging Solar’s contention that it has fulfilled all obligations and wants Solar to open its books for inspection,” said de la Cruz. “But isn’t that a little too late? Manny’s basis for rescinding is Solar hasn’t fulfilled its obligations. We’re ready to open Solar’s books but only in court. We’d like to see Manny’s basis for his claims of non-payment and we’ll show him our basis that Solar has not been remiss if we go to court.”

Based on Pacquiao’s video announcement of his decision to switch, ABS-CBN has started to air TV spots that “Pac Is Back.”

Regarding the deletions in the provisions of the Pacquiao contract provided by Solar to media during a press conference in Libis the other day, de la Cruz said it was no big deal and there was no cause to raise a howl.

“Firstly, the lawyers had nothing to do with distributing the copies,” said de la Cruz.

“What we learned was the Solar staff deleted the provisions which contained numbers, thinking they were confidential. They thought it would be prudent. But the contracts are public documents. When we saw the deleted portions, we immediately recopied the documents and distributed them to media with the deleted portions. There was no insidious attempt to hide anything. It was an honest mistake by the staff.

Before the conference was over, we made available copies of the contract with the complete provisions.”

De la Cruz said Pacquiao was misled into thinking he could wiggle out of the Solar contract which expires in 2011.

Pacquiao’s decision to move to ABS-CBN will trigger lawsuits from both Solar and its media partner GMA, which has an existing contract with the fighter as a talent now appearing in two network series.

Solar has the exclusive rights to air Pacquiao’s fights up to 2011 and for the Ricky Hatton bout on May 2, Solar signed a contract to air it on GMA.

Solar president Wilson Tieng and chief operating officer Peter Chanliong were locked in a meeting with Pacquiao in Los Angeles as The STAR went to press. The executives flew to the US last Friday night, hoping to iron out issues with Pacquiao.

De la Cruz, a partner with the PECABAR (Ponce-Enrile, Reyes and Manalastas) law office, said he handled a previous case involving ABS-CBN. He was the lawyer for Wins network that had the exclusive rights to air ABS-CBN shows on TFC in Japan. Wins went to court accusing ABS-CBN of distributing its shows to other media outlets in Japan, violating the terms of their contract. According to de la Cruz, ABS-CBN lost the case.