Judge in ratings row inhibits self
01/17/2008 | 03:29 PM
The judge tasked to handle the controversial case between GMA Network and ABS-CBN on Thursday inhibited himself from the case for having a relative employed in one of the networks.
Judge Samuel Gaerlan, of Branch 92 of the Quezon City Regional Trial Court, reportedly asked to be removed from the case because one of ABS-CBN’s corporate lawyers, Marifel Gaerlan-Cruz, is his first cousin.
Before the start of the hearing on the motion for the issuance of a temporary restraining order (TRO) last Tuesday, Judge Gaerlan disclosed to both parties his relationship to Cruz and sought the comments of the legal counsels of ABS-CBN and GMA 7.
Lawyer Gener Asuncion, head counsel for GMA, said the honorable judge could proceed with the hearing of the case since he did not find any reason for the court not to proceed hearing the case. Lawyer Regis Puno, legal counsel for ABS-CBN, however, insisted on asking the judge to inhibit from the case for the interest of justice.
In his three-page order, Judge Gaerlan cited the Rule on Disqualification of Judicial Officers wherein it stated the grounds for which the presiding judge is legally disqualified from sitting in a case.
“In the situation at hand, the undersigned is related not to the counsel handling the case but to one of the many lawyers in the legal department of the defendants (ABS-CBN). Yet, even if no legal disqualification applies, it is very possible that to the public eye, a conflict of interest appears. This is so considering the prevailing attention directed on the case by the mere fact that the parties are prominent players in the media industry," Judge Gaerlan said.
GMA 7 had filed a P15-million damage suit and the motion for the issuance of TRO against ABS-CBN to stop the airing of news related to the issue of alleged tampering in the ratings data released by AGB-Nielsen Media Research Philippines.
Lawyer Gener Asuncion, head counsel for GMA-7, expressed disappointment over the development, saying the delay could only mean ABS-CBN can go on airing malicious statements against his client.
“We are asking for a TRO to stop the ABS-CBN from airing defamatory statements against GMA 7. We could have presented our evidence and the evidence of the defendants if not for the inhibition of the judge. I don’t know if they will continue to air said statements although they are aware of the case. But it would appear that they would continue," Asuncion said.
The said defamatory statements against GMA Network were aired on various TV programs of ABS-CBN on January 5, 6, 7 and 12 using an additional medium, convenient witnesses which it procured, pointing at GMA as persistently manipulating TV ratings in the cities of Cebu, Davao and Iloilo.
The case is set to be re-raffled on Monday, Jan. 21. - GMANews.TV
GMANews.TV is the official website of GMA News and Public Affairs, a unit of GMA Network
Judge Samuel Gaerlan, of Branch 92 of the Quezon City Regional Trial Court, reportedly asked to be removed from the case because one of ABS-CBN’s corporate lawyers, Marifel Gaerlan-Cruz, is his first cousin.
Before the start of the hearing on the motion for the issuance of a temporary restraining order (TRO) last Tuesday, Judge Gaerlan disclosed to both parties his relationship to Cruz and sought the comments of the legal counsels of ABS-CBN and GMA 7.
Lawyer Gener Asuncion, head counsel for GMA, said the honorable judge could proceed with the hearing of the case since he did not find any reason for the court not to proceed hearing the case. Lawyer Regis Puno, legal counsel for ABS-CBN, however, insisted on asking the judge to inhibit from the case for the interest of justice.
In his three-page order, Judge Gaerlan cited the Rule on Disqualification of Judicial Officers wherein it stated the grounds for which the presiding judge is legally disqualified from sitting in a case.
“In the situation at hand, the undersigned is related not to the counsel handling the case but to one of the many lawyers in the legal department of the defendants (ABS-CBN). Yet, even if no legal disqualification applies, it is very possible that to the public eye, a conflict of interest appears. This is so considering the prevailing attention directed on the case by the mere fact that the parties are prominent players in the media industry," Judge Gaerlan said.
GMA 7 had filed a P15-million damage suit and the motion for the issuance of TRO against ABS-CBN to stop the airing of news related to the issue of alleged tampering in the ratings data released by AGB-Nielsen Media Research Philippines.
Lawyer Gener Asuncion, head counsel for GMA-7, expressed disappointment over the development, saying the delay could only mean ABS-CBN can go on airing malicious statements against his client.
“We are asking for a TRO to stop the ABS-CBN from airing defamatory statements against GMA 7. We could have presented our evidence and the evidence of the defendants if not for the inhibition of the judge. I don’t know if they will continue to air said statements although they are aware of the case. But it would appear that they would continue," Asuncion said.
The said defamatory statements against GMA Network were aired on various TV programs of ABS-CBN on January 5, 6, 7 and 12 using an additional medium, convenient witnesses which it procured, pointing at GMA as persistently manipulating TV ratings in the cities of Cebu, Davao and Iloilo.
The case is set to be re-raffled on Monday, Jan. 21. - GMANews.TV
GMANews.TV is the official website of GMA News and Public Affairs, a unit of GMA Network
