Court throws out ABS-CBN's damage suit vs AGB Nielsen

(Updated) The Quezon City Regional Trial Court (QCRTC) on Monday junked the P63-million damage and breach of contract complaint filed by ABS-CBN Broadcasting Corporation against survey firm AGB Nielsen after the case was found to have been "prematurely filed." In a seven-page order, Charito Gonzales, QCRTC Branch 80 presiding judge, junked ABS-CBN's petition by granting the motion to dismiss filed by AGB Nielsen Media Research (Philippines) Inc. “For failure of ABS-CBN to comply with the condition precedent to the filing of the instant complaint, this Court has to regrettably, dismiss the instant case for being prematurely filed," Gonzales's order said. “ABS-CBN’s resort to court is premature. Yielding to ABS-CBN’s contention will violate the principle of mutuality of contracts ordained in Article 1308 of the Civil Code, for Article 1196 of the same law states 'Whether in an obligation a period is designated, it is presumed to have been established for its benefit of both creditor and debtor,'" the order added. In its motion to dismiss, AGB Nielsen argued that the case against it should be dismissed because ABS-CBN failed to comply with an earlier agreement with the survey firm. AGB Nielsen said that ABS-CBN failed to comply with the provisions of Section 5 of the Service Contract for TV Audience Measurement Mega Manila and National Urban Service. The provision stated that AGB Nielsen has a month to answer questions, issues or concerns regarding data quality and validity. The same agreement also provided that parties shall have a period of three months from AGB’s explanation to discuss the questions in good faith, with full confidentiality, with neither party resorting to disclosure of the matter to the public or media. AGB Nielsen added that ABS-CBN failed to implead an indispensable party, which is necessary to the suit. In her order, Gonzales ruled that GMA Network was not an indispensable party in the case because the latter was not a party to the contract, hence it is not necessary to implead it. "Plaintiff can be afforded complete relief without the presence of GMA and its claim against defendant can be determined without GMA being impleaded as a party. Moreover, this court can make a final determination as to whether or not there was breach even without GMA being a party to the action," Gonzales's order said. In a related development, another Quezon City court summoned ABS-CBN and 15 of its personnel to answer a P15-million damage suit filed by GMA Network. Judge Samuel Gaerlan, QCRTC Branch 92 presiding judge, issued the summons directing ABS-CBN to answer within 15 days. The summons was set to be served Monday. GMA Network through its legal counsel, Gener Asuncion, filed the damage suit on January 3, over ABS-CBN's allegations that GMA was behind the alleged rigging and manipulation of TV ratings in Bacolod City. Aside from ABS-CBN, also named defendants were dzMM station manager Angelo Palmones; dzMM news manager Alona Magsalas; dzMM reporter Junrie Hidalgo; “Showbiz Mismo" hosts Jobert Sucaldito and Cristy Fermin; news program Bandila production head Luchi Cruz Valdez and Bandila executive producer Boyet Agustin. Other defendants were ABS-CBN Legal Department head, lawyer Maximillan Uy; Bandila anchor Korina Sanchez; Entertainment Live and The Buzz production heads Malou Santos and Luis Andrada; Entertainment Live executive producer Lani Gutierrez; The Buzz and Entertainment Live headwriter Romel Gonzales; The Buzz executive producer Nancy Yabut and The Buzz head writer Ian Reyno. GMA asked the court to order ABS-CBN to pay P10 million for moral damages; P2.5-million for exemplary damages; P1.5-million for attorney’s fees and P1-million for litigation expenses. - GMANews.TV (GMANews.TV is the official website of GMA News and Public Affairs, a unit of GMA Network Inc.)