The Quezon City Regional Trial Court on Friday barred ABS-CBN Broadcasting Corp. from presenting witnesses to support a motion for reconsideration it filed seeking the reversal of the dismissal of a damage suit it filed against AGB Nielsen Media Research (Philippines) Inc.
Branch 80 Judge Charito Gonzales junked ABS-CBN's plea to allow it to present their witnesses in order for the court to appreciate their arguments.
“We find it necessary to present our witnesses for the court’s appreciation," ABS-CBN counsel Atty. Vincent Bayhon said.
Instead, Gonzales asked the broadcasting network asked ABS-CBN to just attach their evidence to their motion for reconsideration.
AGB’s legal counsel, Francisco Rivera had opposed the request to allow witnesses for a hearing on a motion for reconsideration, saying this is not in accordance with the rules of court.
Rivera cited specific passages of court rules stating that in case of motion for reconsideration, presentation of evidence should be done by means of affidavits and not the presentation in open court.
During the hearing, the court also allowed AGB to submit its comment on ABS-CBN's motion within 10 days. ABS-CBN was then instructed to submit its reply to AGB’s comment within 5 days.
Within 5 days of ABS-CBN's reply, the court asked AGB to submit its rejoinder before the motion would be submitted for resolution.
Last Jan. 21, the ABS-CBN filed the motion asking the court to set aside its Jan. 7 order dismissing the P63-million damage suit and breach of contract it filed against AGB.
Judge Gonzales had junked the damage suit saying ABS-CBN prematurely filed the case. gmanews.tv
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