Court junks GMA-7 petition vs ABS-CBN on ratings scam reports
The Quezon City Regional Trial Court threw out a petition filed by GMA-7 which sought to stop ABS-CBN from airing reports about the alleged TV ratings manipulation scandal that purpotedly cast “dishonor, discredit and disrepute” to the former.
Judge Alexander Balut in his ruling denied GMA-7′s petition for preliminary injunction on three grounds:
1) GMA-7′s petition to stop ABS-CBN’s supposedly libelous reports comes too late–the reports have already been aired;
2) GMA-7′s petition for injunction goes beyond the prayer contained in its complaint; and
3) GMA-7′s petition for injunction constitutes prior restraint of freedom of expression and, therefore, unconstitutional.
Judge Balut in his ruling said that since ABS-CBN had already aired its reports, there is nothing for the court to stop. “It is clear that plaintiff’s causes of action are based on acts that were already consummated. Having already been committed, these acts can no longer be enjoined. Simply stated, there is actually nothing to enjoin,” wrote the judge.
The judge also ruled that it “appears” as though GMA-7 “seeks to enjoin acts beyond the prayer in the complaint”, adding that “[this] cannot be done. It is anathema to an existing jurisprudence on the matter.”
