ABS-CBN: We Are The Victims

ABS-CBN yesterday said it will avail itself of all legal remedies to fight the libel charges filed against the station, its executives, and broadcasters by GMA-7 although the case stemmed from rival station's unauthorized use of exclusive footage.

"The respondents will avail themselves of all legal remedies to question the findings of probable cause for the arrest warrants issued by the RTC of Quezon City," ABS-CBN said in a statement.

All ABS-CBN executives and broadcasters charged, including Eugenio Lopez III, ABS-CBN chairman and chief operating officer, posted bail last Monday after Quezon City Regional Trial Court Branch 88 issued arrest warrants against them.

Lopez, along with Jose Ramon Olive, officer-in-charge/senior vice president; Jake Maderazo, vice president news operations; Luisita "Luchi" Cruz-Valdes, former vice president news productions/program; Jose "Jing" Magsaysay Jr., assistant vice president news operations and Alfonso "Pal" Marquez, director news operations of ABS-CBN, appeared before the local court and posted the R10,000 bail for each count of the libel case.

Broadcast journalist Erwin Tulfo and Luis Alejandro president and chief operating officer also posted bail but did not appear in court.

Also posting bail were Lynda Jumilla; Beth Frondoso, then executive producer of the defunct news program Insider; Maria Progena Estonilo Reyes and Annie Eugenio, supervising producer and executive producer, respectively, of Magandang Umaga Bayan and Dondi Garcia, executive producer News Patrol.

Bong Osorio, head of the ABS-CBN Integrated Corporate Communications, said the station's executives and broadcasters voluntarily posted bail in accordance with the law.

However, Osorio said that the libel charge has no legal basis while ABS-CBN has been pictured as the culprit in the case even if its copyright infringement rights were violated.

He claimed that it was complainant GMA-7 who used the ABS-CBN footage of its live coverage of the arrival of an overseas Filipino worker (OFW) released by Iraqi captors in 2004, without the consent and authority of the station.

The news footage was of the July 21, 2004 arrival at the Ninoy Aquino International Airport (NAIA) of Angelo dela Cruz, the OFW who was kidnapped by Iraqis.

Records showed that on Dec. 3, 2004, the Quezon City Prosecutor's Office dismissed the libel case against the respondents but recommended the filing of charges of Republic Act 8293 (Intellectual Property Code of the Philippines) against the officials of GMA 7. The infringement case was filed before the QCRTC.

But on Aug. 5, 2005, the DOJ set aside the Dec. 3, 2004 resolution of the prosecutor's office and ordered the withdrawal from the court the infringement case against GMA 7.

On June 29, 2010, the DOJ, acting on the motion for reconsideration and petition for review filed by both parties on libel and infringement cases, directed the prosecutor's office to file the corresponding information on two cases against the parties involved.

However, the Court of Appeals, Fourth Division issued a decision for certiorari setting aside DOJ resolution J-364 dated June 29, 2010 relative to the filing of violation of RA 8293 and reinstating DOJ Resolution J-134 dated Aug. 1, 2005 on the withdrawal of said case.

De Lima, however, issued on Dec. 14, 2011 a resolution denying the partial motion for reconsideration and ordered QC Chief Prosecutor Donald Lee to file two information of libel against the officials of ABS-CBN.

In her resolution, De Lima explained that the complainants were able to show that all the elements of libel are present.

"The malicious imputation was evident from the use of the words 'nagnanakaw ng aming eksklusibong kuha,' 'pamimirata ng footage,' 'pagnanakaw ay isang malaking krimen' and 'pagnanakaw ng video,' uttered by respondents Tulfo and Jumilla," the DOJ resolution said.

The DOJ added that the statements sufficiently convey to the public that GMA-7 and the individual complainants are thieves of the footages taken by ABS-CBN.

"Indeed, these words injure the reputation and diminish respect, esteem, goodwill, respect or confidence in the complainants from GMA-7," the resolution said.

Loading...

Editor’s note:Yahoo Philippines encourages responsible comments that add dimension to the discussion. No bashing or hate speech, please. You can express your opinion without slamming others or making derogatory remarks.

  • SE Asia Stocks-Mixed; Indonesia ends 7-day losing streak

    JAKARTA, May 4 (Reuters) - Southeast Asian shares mostly traded mixed on Monday, with Indonesia and the Philippines rebounding after a recent bout of weakness. Indonesian stock index rose 1.3 percent after ... …

  • Philippines says Islamist militant was killed by followers

    The Philippines' most wanted Islamist militant, whose death at the weekend could boost peace efforts in the country's south, was killed by his own bodyguards in pursuit of a bounty offered by the United States, the head of the military said on Monday. Abdul Basit Usman, a militant with strong al Qaeda links who was blamed for numerous bomb attacks in the southern Philippines, had been hunted by security forces since 2002. "There was in-fighting among his group," General Gregorio Pio Catapang …

  • EM ASIA FX-Firm dollar, weak China factory survey hurt Asia FX

    * Won falls on weak exports, PMI; mkt wary of intervention * Rupiah down on bonds, NDFs; Indonesia's Q1 GDP eyed * Philippine peso lowest in more than a month (Adds text, updates prices) By Jongwoo Cheon ... …

  • Philippine military chief confirms wanted militant killed

    MANILA, Philippines (AP) — The Philippine military chief confirmed Monday that wanted Filipino bomb-maker Abdul Basit Usman, who has links to the Indonesian-based Jemaah Islamiyah terrorist network and is a suspect in deadly bomb attacks in the south, has been killed. …

  • PSC sports venues deteriorating – COA
    PSC sports venues deteriorating – COA

    The Commission on Audit (COA) has noted the sorry state of the country’s sports venues despite supposedly receiving sufficient funds from the government. It reported that the Philippine Sports Commission (PSC) got an additional budget of P626.563 million in 2013 alone but failed to maintain and upgrade the Rizal Memorial Sports Complex (RMSC) in Malate, Manila and the Philsports Complex in Pasig City. This, according to the COA report, is already a disadvantage to the country’s athletes. …

  • Taguig bettor wins P39.2-M lotto jackpot
    Taguig bettor wins P39.2-M lotto jackpot

    A player from Taguig City won the jackpot of the 6/42 Regular Lotto’s May 2 draw, the Philippine Charity Sweepstakes Office (PCSO) announced yesterday. PCSO general manager Jose Ferdinand Rojas said the still unidentified winner guessed the six-digit winning combination, 12-42-16-04-11-08, which has a jackpot of P39.2 million. At least 80 other players won P11,420 each after they guessed five digits of the winning combination. The 6/42 Regular Lotto online game is drawn every Tuesday, …

  • Tropical depression spotted off Mindanao
    Tropical depression spotted off Mindanao

    A tropical depression hovering over the Pacific Ocean is expected to enter the Philippine area of responsibility on Thursday and may bring much-needed rain to the country later this week, the state weather bureau said yesterday. As of 10 a.m. yesterday, the weather disturbance was spotted at 1,615 kilometers east of Mindanao with maximum winds of 45 kilometers per hour near the center, the Philippine Atmospheric, Geophysical and Astronomical Services Administration (PAGASA) said. PAGASA said …

  • Phl to seek Mary Jane’s return
    Phl to seek Mary Jane’s return

    The Philippine government is exploring options to extend the temporary reprieve granted by Indonesia to Filipina death row convict Mary Jane Veloso, Justice Secretary Leila de Lima said yesterday. De Lima said they would look into the possibility of asking the Indonesian government to allow Veloso to return home to testify in the human trafficking, illegal recruitment and swindling cases filed by the Department of Justice (DOJ) against her alleged illegal recruiters Ma. …

POLL

Should Aquino be held accountable over the Mamasapano operations?

Loading...
Poll Choice Options