FACTS: Broadcast firm GMA Network Inc. on Thursday filed a P15-million civil action libel suit against rival network ABS-CBN Broadcasting Corp., its executives and talents over what GMA said were false and malicious allegations of ratings manipulation.
"It's a civil action for the defamation done by ABS-CBN against GMA. There was a series of on-the-air fabrication of statements imputing GMA 7 as behind the alleged rigging, manipulation of TV ratings in Bacolod City," GMA Network legal counsel Gener Asuncion said.
The case stemmed from alleged "erroneous and malicious news reports and commentaries" aired by ABS-CBN in its TV and radio programs, a GMA Network press release said.
GMA Network demanded P10 million from ABS-CBN for moral damages, P2.5 million for exemplary damages, P1.5 million for attorney's fees and P1 million for litigation expenses. (GMANews.tv)
ISSUE: Whether or not GMA is entitled to indemnification for moral damages
M.H.O.: No, GMA is not entitled to indemnification for moral damages.
As decided by the Supreme Court in NPC vs. Philip (2001), moral damages are not, as a general rule, granted to a corporation. While it is true that besmirched reputation is included in moral damages, it cannot cause mental anguish to a corporation, unlike in the case of a natural person, for a corporation has no reputation in the sense that an individual has, and besides, it is inherently impossible for a corporation to suffer mental anguish.
Likewise, in the case of Mambulao vs. PNB (1968), "an artificial person like herein appellant corporation cannot experience physical sufferings, mental anguish, fright, serious anxiety, wounded feelings, moral shock or social humiliation which are basis of moral damages."
Further, there can be no award for moral damages under Article 2217 and succeeding articles on Section 1 of Chapter 3 of Title XVIII of the Civil Code in favor of a corporation. (Prime White Cement vs. IAC, 1993).
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In relation to our lectures in: Business Organization 2
Professor: Fr. Gus Nazareno
"It's a civil action for the defamation done by ABS-CBN against GMA. There was a series of on-the-air fabrication of statements imputing GMA 7 as behind the alleged rigging, manipulation of TV ratings in Bacolod City," GMA Network legal counsel Gener Asuncion said.
The case stemmed from alleged "erroneous and malicious news reports and commentaries" aired by ABS-CBN in its TV and radio programs, a GMA Network press release said.
GMA Network demanded P10 million from ABS-CBN for moral damages, P2.5 million for exemplary damages, P1.5 million for attorney's fees and P1 million for litigation expenses. (GMANews.tv)
ISSUE: Whether or not GMA is entitled to indemnification for moral damages
M.H.O.: No, GMA is not entitled to indemnification for moral damages.
As decided by the Supreme Court in NPC vs. Philip (2001), moral damages are not, as a general rule, granted to a corporation. While it is true that besmirched reputation is included in moral damages, it cannot cause mental anguish to a corporation, unlike in the case of a natural person, for a corporation has no reputation in the sense that an individual has, and besides, it is inherently impossible for a corporation to suffer mental anguish.
Likewise, in the case of Mambulao vs. PNB (1968), "an artificial person like herein appellant corporation cannot experience physical sufferings, mental anguish, fright, serious anxiety, wounded feelings, moral shock or social humiliation which are basis of moral damages."
Further, there can be no award for moral damages under Article 2217 and succeeding articles on Section 1 of Chapter 3 of Title XVIII of the Civil Code in favor of a corporation. (Prime White Cement vs. IAC, 1993).
---------
In relation to our lectures in: Business Organization 2
Professor: Fr. Gus Nazareno
2 comments:
ah. so that means walang habol ang GMA sa ABS-CBN sa kaso nila ngayon?
gurl, ipagpatuloy mo ang ganitong mga segments ng blog mo. i love it. may natututunan ako about law kahit papano, kahit di ako pumapasok sa law school. :)
i like it too when you pose me those questions about legal matters, and lay them to me in layman's terms. hehehe...
love na love talaga kita, bessy! :)
only with respect to the moral damages, gurl. pero opinion ko lang naman ito. hehe
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