Re-raffle of GMA Network case vs ABS-CBN reset to Jan 28

The Quezon City regional trial court’s clerk of court has moved the re-raffle of GMA Network Inc.’s case against ABS-CBN Broadcasting Network to January 28, instead of Jan 21 as earlier announced. The delay was intended to allow both parties to be given due notices of raffle date after Branch 92 Judge Samuel Gaerlan decided on Thursday to inhibit himself from the proceedings, citing conflict of interest because of his family ties with a corporate lawyer of ABS-CBN. GMA Network has asked the court to restrain ABS-CBN from airing what it considers as defamatory statements that depict GMA as manipulator or the cause of manipulation of ratings in Bacolod City, Cebu, Davao and Iloilo. GMA Network is also seeking a P15-million damage from ABS-CBN. A source from the QCRTC-Office of the Clerk of Court said that while ABS-CBN and GMA Network had already received their own copies of Judge Gaerlan’s inhibition order, both parties still have to be properly notified by mail of the raffle date of the case. On Thursday, Judge Gaerlan inhibited himself from further hearing and trying the P15-million damage suit and the motion for the issuance of TRO and/or writ of preliminary injunction. Gaerlan’s move came after ABS-CBN legal counsel Regis Puno sought his inhibition in an oral manifestation on Tuesday, noting that one of the corporate lawyers of ABS-CBN, Atty. Marifel Gaerlan-Cruz, is his cousin. The hearing on the motion for the issuance of TRO was supposed to start last Tuesday, but it was deferred after Gaerlan disclosed his filial relationship with Atty. Cruz. GMA’s legal counsel, Gener Asuncion, opposed Gaerlan’s inhibition, saying he found no reason for the court not to proceed hearing the case. Asuncion insisted on the urgency of resolving the motion, arguing that continued airing of the defamatory statements by ABS-CBN would cause further injury and damage to the reputation and integrity of GMA 7. GMA Network said the defamatory statements were aired on various radio and television programs of ABS-CBN on January 5, 6, 7 and 12, using allegedly “procured" witnesses, pointing at GMA as persistently manipulating TV ratings in the cities of Cebu, Davao and Iloilo. – GMANews.TV (GMANews.TV is the official website of GMA News and Public Affairs, a unit of GMA Network, Inc.)