2nd Judge handling GMA's damage suit vs ABS-CBN inhibits

(Updated 4 p.m.) The second Quezon City judge who was tasked to handle GMA Network’s P15-million damage suit against the ABS-CBN Broadcasting Corp. has decided to inhibit himself from the case. In a two-page order, Quezon City Regional Trial Court (QCRTC) Branch 95 Henri Jean Paul Inting granted an urgent motion of ABS-CBN lawyers to inhibit from the case – a move that is seen to delay the hearing of GMA 7’s damage suit as well as the petition for the issuance of writ of preliminary injunction sought by the network against ABS-CBN. In his order, Inting said he inhibited from the case in “order to appease the mind of the defendants, who have now a foregone conclusion that this Court is not fair and is partial to the defendants." “The undersigned is guided by the Supreme Court ruling that at the very first sign of lack of faith and trust in his actions, whether well-grounded or not, the judge has no other alternative but to inhibit himself from the case," Judge Inting said. Following his inhibition, Judge Inting immediately forwarded all the records of the case to the QCRTC Clerk of Court which has yet to set the re-raffle of the case. To recall, Branch 92 Judge Samuel Gaerlan – who was the first judge tasked to handle the case – inhibited himself, also upon the request of ABS-CBN, due to his relation to one of ABS-CBN’s corporate counsels. ABS-CBN filed the motion calling for Inting’s inhibition from the case on the context that he has been unfair to them following the granting of a temporary restraining order (TRO) sought by GMA 7. On February 13, Judge Inting issued a TRO ordering ABS-CBN from repeating and airing in its radio and television commercials that depict or portray GMA 7 as the manipulator of television ratings in Bacolod City, Cebu, Davao and Iloilo In his order, Judge Inting stressed that “if the defendants’ (ABS-CBN) continuous airing of the alleged defamatory statements, which are now subject matter of a civil complaint in court, will not be restrained, then it may undermine the right of the plaintiff to a fair trial and due process." Before the filing of the motion for inhibition, the ABS-CBN filed a petition for certiorari with urgent prayer for TRO and writ of preliminary injunction before the Court of Appeals asking the court to nullify the TRO issued by Judge Inting. The ABS-CBN claimed that the issuance of the TRO “grants GMA 7 a virtual immunity from accusations." In a statement, lawyer Dick Perez - GMA 7's Vice President for Legal - said ABS-CBN's move to ask for the judge's inhibition will again delay the trial of the case. He noted that the earlier inhibition of Judge Samuel Gaerlan resulted in "a two-week delay in the hearing of the case and allowing ABS-CBN to air daily attacks versus GMA Network in ABS-CBN’s TV and radio programs." "ABS-CBN’s move to inhibit QC-RTC Judge Henri Jean Paul Inting will again delay the libel case filed by GMA Network against ABS-CBN. This is the second time in a little over a month that ABS-CBN asked a judge to inhibit himself from trying the said case," Perez said. Perez said GMA 7 had opposed ABS-CBN's motion calling for Inting's inhibition, arguing that getting an unfavorable ruling is never a reason to seek the judge’s inhibition. - GMANews.TV