GMA-7 releases public statement accusing ABS-CBN of not telling the truth about its civil case against AGB Nielsen

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Article from/owned by: pep.ph
Written by:Nerisa Almo

The Kapuso network claims the Kapamilya network is not telling the truth.

This is the gist of GMA-7's public statement about the civil case filed by ABS-CBN against ratings service provider AGB Nielsen.

The statement, which came from Kapuso network corporate communications consultant Butch Racquel, was sent in the form of a press release to PEP.ph (Philippine Entertainment Portal) this afternoon, December 28.

The press release singles out a statement that it says the Kapamilya network often includes in its press releases about ratings (itals provided):

"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."



The ABS-CBN statement, says GMA-7, "strongly aims to discredit AGB as a ratings service provider in the media industry."

Furthermore, it says, "This claim was verified to be untrue."

The case filed by ABS-CBN against AGB Nielson, says the GMA-7 statement, has long been dismissed by the courts.

It then mentions dates that it claims proves that ABS-CBN no longer has a case pending in the courts against AGB Nielsen:

"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."

The Kapuso network also says it was issuing the statement so that media outfits, including PEP, acknowledge the ruling of the court, "which renders the above mentioned civil case as closed."

PEP asked ABS-CBN to respond to the GMA-7 statement.

As reply, its corporate communications head, Bong Osorio, sent this brief text message to PEP: "Why is GMA making a comment when it is not party to this case?"

BACKGROUND. It may be recalled that the issue between ABS-CBN and AGB Nielsen started in 2007, when ABS-CBN accused GMA-7 of ratings fraud in the areas of Bacolod and Iloilo.

AGB was the ratings service provider to both stations at the time.

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