MANILA – The Court of Appeals has granted the petition filed by television network ABS-CBN Broadcasting Corporation seeking the dismissal of the P100-million civil case filed against it by GMA Network Inc., a government press release said.

GMA Network filed the civil case against ABS-CBN accusing of stealing a video footage of the arrival of Iraqi hostage victim Angelo de la Cruz in 2004.

In a seven-page ruling, the CA's 6th Division through Associate Justice Florito Macalino, nullified the decision of the Quezon City Regional Trial Court dated Dec. 17, 2007 and July 18, 2008 that reinstated the civil case of GMA Network against ABS-CBN.

The CA said that Quezon City RTC Branch 216 Presiding Judge Ofelia Arellano Marquez violated Section 2, Rule 111 of the Rules of Court when she ordered the reinstatement of GMA 7’s civil suit despite the pendency of the criminal complaint for libel filed by GMA Network against ABS-CBN based on the same incident.

Under the rules, "after the criminal action has been commenced, the separate civil action arising therefore cannot be instituted until final judgment has been entered in the criminal action."

It added that if the criminal complaint is filed after the civil suit has already been instituted, "the latter shall be suspended in whatever stage it may be found before judgment on the merits."

"Despite the availability of the separate civil action for damages to the private respondents, however, they cannot file the same in view of the pendency of their criminal complaint. There should be nothing to suspend since the criminal action was filed ahead of the separate civil action," the CA ruling said.

"The public respondent should have dismissed this civil action and should have reinstated and suspended it while the criminal action is not yet disposed of. The assailed orders, as such, are patently void for being contrary to law," the CA said.

Upon the arrival of de La Cruz in 2004, ABS-CBN carried the story including the press conference.

On account of their existing agreement, ABS-CBN's news coverage was also carried by Reuters Television Service, on the condition that any footage coming from it would be considered by the latter under "embargo" against use by its other subscribers in the Philippines.

However, since GMA Network is both a Reuters and CNN subscriber, it received the live video feed of the coverage of said arrival that was beamed by Reuters from the NAIA.

GMA Network immediately carried the Reuters feed in its flash news report simultaneously with its own live broadcast.

GMA Network later explained that it did notice that what Reuters was airing were footages of ABS-CBN and that said live video was under embargo in favor of the latter.

Following the incident, GMA Network claimed that ABS-CBN aired a report about its alleged violation of the former's intellectual property rights in the former's news programs.

GMA Network then filed a complaint against ABS-CBN for the alleged defamatory statements it issued against them.

In a resolution issued on Dec. 3, 2004, the Office of the City Prosecutor of Quezon City dismissed the complaint for libel for lack of probable cause.

GMA Network appealed the resolution to the Department of Justice which was denied.

The motion for reconsideration of the denial is still pending before the DOJ.

Then, GMA Network filed its complaint for damages in November 2005 with the Quezon City RTC which was later dismissed due to prescription.

Under the Civil Code, a civil case for defamation must be filed within one year.

However, acting on the MR of GMA Network, the Quezon City RTC reinstated the civil case for damages, prompting ABS-CBN to elevate the case to the CA.*PNA

back to top