GMA-7’s corporate communications consultant Butch Racquel has sent the following public statement to Starmometer regarding ABS-CBN’s civil case against AGB Nielsen:
This refers to the claim perpetually made by ABS-CBN in its ratings press releases regarding the case (docketed as No. Q-07-61665) filed against AGB Nielsen Philippines (AGB) in 2007.
Lifted below is a portion of ABS-CBN’s ratings press release that strongly aims to discredit AGB as a ratings service provider in the media industry.
“ABS-CBN shifted to Kantar Media/TNS after filing a case vs. AGB Nielsen Media Research for failing to comply with its request to investigate alleged cheating and data tampering in TV ratings. The case is still pending in court.”
This claim was verified to be untrue. The case filed by ABS-CBN against AGB was dismissed by Quezon City Regional Trial Court (RTC) Presiding Judge Charito Gonzales on January 7, 2008 for being prematurely filed. The Court likewise denied the Motion for Reconsideration filed by ABS-CBN in an Order dated June 8, 2009.
On January 5, 2010, Atty. Maila Doroteo Santos, Branch Clerk of the Quezon City RTC issued a Certificate of Finality, which confirms the Court’s Decision on the said case as final and executory.
ABS-CBN sought relief from the judgment earlier rendered by filing a Petition on ground that “it did not receive” a copy of the June 8, 2009 Order. RTC Judge Charito Gonzales found the Petition dismissible based on “both substantive and procedural grounds.”
In an Order dated October 27, 2010, Judge Gonzales said that “the ‘incoming pleadings’ document presented by the petitioner’s (ABS-CBN) counsel to prove that it did not receive a copy of the Order dated June 8, 2009, besides being self-serving, cannot be said to faithfully reflect all the pleadings received by petitioner’s counsel.” A return card attached to the records of the case evidenced that the Order was duly received by ABS-CBN’s counsel on June 23, 2009.
Hence, the Court stated that based on procedural ground, it cannot grant ABS-CBN relief from judgment under Rule 38 of the Revised Rules of Court as it was justly given the opportunity to file an appeal but it did not within the prescribed period.
Copies of the Certificate of Finality dated January 5, 2010, and the Orders dated October 27, 2010 and March 21, 2011 are hereby affixed for your further reference.
While ABS-CBN may have business reasons to cite the ratings data of Kantar Media in its ratings releases, we are hoping that you can give credence to the ruling of the Court, which renders the above mentioned civil case as closed/dismissed.
For the interest of your readers, who deserve only truthful information, we request that you reconsider the continued publication of the aforementioned quote lifted from the ABS-CBN releases.
Butch S. Raquel
GMA Consultant for Corporate Communications
Atty. Lynn P. Delfin
GMA VP for Legal Affairs
ABS-CBN sent a short statement to Starmometer this afternoon, December 29, via SMS regarding GMA-7’s media advisory:
“Why is GMA making a comment when it is not party to this case?”
Bong Osorio, ABS-CBN Corporate Communications Head