Access Pinoy

According to GMA, ABS-CBN depicted the network as behind the manipulation of television ratings in the cities of Bacolod City, Cebu, Davao, and Iloilo.

“Unless restrained, defendants will repeat its defamatory statements and cast aspersions against the honor and integrity of GMA before the honorable court could hear the latter’s complaint thereby disregarding the judicial process and adjudicatory function of the honorable court,” GMA Network said in its motion.

GMA claimed ABS-CBN aired defamatory statements on January 5, 6, 7, and 12 on its various television programs.

GMA also claimed that in airing the alleged defamatory statements on the said dates, ABS-CBN used “convenient witnesses which it procured pointing at GMA as persistently manipulating TV ratings in the cities of Cebu, Davao, and Iloilo.”

The network added that ABS-CBN’s uninhibited and continuous acts of harassing, defaming and ridiculing GMA on air as a manipulator of ratings, had inflicted “grave and irreparable injury on the status of the plaintiff as a reputable network thereby severely undermining its business.”

However, the scheduled trial on the ratings row case did not push through on Tuesday, after the Quezon City RTC deferred the hearing on GMA’s motion against ABS-CBN.

The petitioner earlier asked the court to issue either a temporary restraining order or a writ of preliminary injunction against ABS-CBN.

The trial was deferred after Judge Samuel Gaerlan of Quezon City RTC Branch 92, disclosed to the contending parties that he is the cousin of Marfel Gaerlan-Cruz, a corporate lawyer of ABS-CBN.

Gaerlan asked both GMA and ABS-CBN to comment on his disclosure.

The judge also said that his cousin called his attention at the start of the hearing on the ratings row. Gaerlan said that he communicated with his cousin after the P15-million damage suit and the motion for the issuance of TRO filed by GMA was raffled to his sala.

Gaerlan, nevertheless assured the parties that his cousin had no involvement or personal interest in the said case.

Despite the assurance from Gaerlan, Regis Puno, counsel of ABS-CBN, asked the judge to inhibit himself from the case.

“We have full faith and confidence in the independence of the honorable judge but in the interest of justice, we moved for his inhibition of the judge. There would be a time in future of the possibility of doubt would exist,” Puno told the court.

But Gener Asuncion, GMA’s counsel, said that there was no need for the judge to inhibit himself from the case because Gaerlan’s cousin had already assured the judge that she had no interest in the case.

“We have no objections that this honorable court should proceed with the hearing. WE entertain no doubts on the objectivity of the honorable judge and we find no ground to move for his inhibition,” Asuncion said.

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