29 December 2011

GMA dips fingers into ABS-CBN vs. AGB Nielsen case

GMA-7 is adamant that ABS-CBN’s “ratings result-tapping” suit against ratings-service provider AGB Nielsen Media Research is done merely to discredit the research company.
In a statement sent to PEP posted on Dec. 28, the Kapuso network zeroed in on a particular statement which, according to them, the Kapamilya network appends in its press releases about ratings.
The addition reads: “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 aforementioned claim of ABS-CBN “strongly aims to discredit AGB as a ratings service provider in the media industry," said GMA-7.
Furthermore, it says, "This claim was verified to be untrue" because apparently, the case has long been dismissed by the courts.
"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 statement read."
The Kapuso network stressed that their statement aims to instigate the media’s acknowledgment of the court ruling, "which renders the above mentioned civil case as closed."
Recall that the conflict between the two companies started in 2007, when the Kapamilya network accused the Kapuso network of “ratings fraud” in areas along Bacolod and Iloilo.
The accusation was spurred by a tipster’s claim that Regional GMA (RGMA) president Miguel "Mike" Enriquez was involved in the alleged ratings fraud by presiding in meetings to manipulate the ratings result. The “Imbestigador” host vehemently denied his involvement in the issue via a statement in 2008.
ABS-CBN representatives then filed a civil case against AGB Nielsen when the media research firm “refused to heed their call for an investigation.”
The result of the controversy was that ABS-CBN dropped AGB Nielsen and turned to Kantar/TNS for its source of TV ratings.
GMA-7, for its part, continued to use AGB Nielsen as its ratings service provider.




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