The Office of the Quezon City Prosecutor issued a Resolution ordering the filing of two counts of libel against current and former executives and talents of ABS-CBN for the malicious imputations broadcasted against GMA Network following the order of the Department of Justice (DOJ). 

 

GMA earlier filed a case against ABS-CBN after the latter accused GMA of stealing and airing its live feed of the arrival of Iraqi captive Angelo Dela Cruz at the Ninoy Aquino International Airport on GMA’s newscast in July 2004. GMA strongly opposed this by saying that the said feed was taken from the Reuters Television Service (Reuters) with whom GMA had a video subscription contract.

 

In a four-page resolution promulgated on December 14, 2011, DOJ Secretary Leila de Lima ordered the filing of libel charges against ABS-CBN respondents noting that GMA was able to prove that all the elements of libel (defamatory imputation, malice, publication, and identifiability of the person defamed) were present in ABS-CBN’s news reports about GMA’s use of the footage of Dela Cruz’s arrival.

 

According to De Lima, “The malicious imputation was evident from the use of the words ‘magnanakaw ng aming ekslusibong kuha,’ ‘pamimirata ng footage,’ pagnanakaw ay isang malaking krimen,’ and ‘pagnanakaw ng video’ uttered by [ABS-CBN respondents]."

 

The libel case was filed against ABS-CBN executives and talents namely, Erwin Tulfo, Beth Frondoso, Lynda Jumilla, Maria Progena Estonilo Reyes, Annie Eugenio, Dondi Garcia, Eugenio Lopez III, Luis Alejandro, Jose Ramon Olives, Jesus Maderazo, Luisita Cruz-Valdez, Jose Magsaysay Jr., and Alfonso Marquez.

 

Meanwhile, GMA Network Consultant to the Chairman and CEO for Corporate Communications Butch S. Raquel said that the Network believes in the gravity of their arguments in the case at hand. "The statements made by ABS-CBN were clearly made to destroy the unblemished reputation of GMA Network on nationwide television. We are positive that the court will rule in our favor in light of strong evidentiary support that will be presented when this case goes to trial," he said.

 

ABS-CBN had filed a separate case for copyright infringement against GMA for the alleged unauthorized use of the Angelo dela Cruz live feed which was earlier dismissed by the Court of Appeals (CA). In a decision dated November 9, 2010, the CA ruled that the airing of Dela Cruz’ arrival video footage by GMA was done in good faith and thus cannot be regarded as an infringement of copyrights.