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Judge inhibits self from GMA-7 case vs ABS-CBN

By Marlon Ramos
Philippine Daily Inquirer
First Posted 23:11:00 01/17/2008

Filed Under: Conflicts (general), Ratings, Television, Judiciary (system of justice)

MANILA, Philippines -- A Quezon City regional trial court judge has inhibited himself from hearing the P15-million libel case that GMA-7 filed against its rival network ABS-CBN, saying he was related to one of the lawyers of the ABS-CBN Broadcasting Corporation.

The scheduled 3 p.m. hearing of the case at the sala of Judge Samuel Gaerlan, presiding judge of Branch 92 of the Quezon City RTC, was postponed after the judge issued the inhibition order.

GMA-7 is demanding P15 million in damages in the suit and also sought the court?s intervention to stop ABS-CBN from coming out with what it said were defamatory stories.

ABS-CBN has been claiming that there were systematic attempts to manipulate the viewership or ratings survey done by AGB Nielsen Media Research (Philippines) Inc. in some Visayas and Mindanao provinces to favor GMA-7.

?This presiding judge, after a careful self-examination, comes to a definite conclusion that he should inhibit himself from further hearing the case. More so that one of the parties, herein defendants, has asked on record, although quite curiously, for the said inhibition,? Gaerlan said.

Gaerlan?s decision came barely two days after he admitted in open court that a member of ABS-CBN?s legal department, lawyer Marifel Gaerlan Cruz, is his first cousin.

The counsels of ABS-CBN, headed by lawyer Regis Puno, immediately asked the judge to inhibit himself to avoid any controversies that might arise should the court rule in ABS-CBN?s favor.

Gaerlan pointed out that Cruz was not directly involved with the legal team handling the defense for ABS-CBN.

?In the situation at hand, the undersigned is related not to the counsel handling the case but to one of the many lawyers in the legal department of the defendants. Yet, even if no legal disqualification applies, it is very possible that to the public eye, a conflict of interest appears? For this, and the foregoing reasons, inhibition is appropriate,? the judge said.

GMA-7 counsel Gener Asuncion did not oppose Gaerlan?s decision. But he expressed dismay that an opportunity by GMA-7 to present evidence against ABS-CBN was again delayed.

?I couldn?t say anything except that we could have presented our evidence and ABS-CBN could have also presented their evidence. If we finished that, the judge could have taken hold of the arguments (of both parties) for resolution. There?s a time lag,? he told the Philippine Daily Inquirer, parent company of INQUIRER.net.

Asuncion said interruption of the court proceedings would also give ABS-CBN a chance to issue damaging statements against his client.

Puno brushed aside accusation that the motion asking for Gaerlan?s inhibition was meant to delay the case. He said lawyers only wanted to avoid ?circumstances that may cloud the issue.?

The case was set for a re-raffle at the Quezon City Hall of Justice on Monday, a staff of Judge Gaerlan said.



Copyright 2012 Philippine Daily Inquirer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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