The Court of Appeals (CA) has dismissed the petition from GMA executives seeking to overturn the acquittal of ABS-CBN anchors and executives in a libel case related to the use of exclusive video footage.

In its ruling dated 28 October, the appellate court's Third Division stated that granting the petition for certiorari would violate the accused's right against double jeopardy.

The case arose from GMA's airing of ABS-CBN’s exclusive footage of the 2004 homecoming of kidnapped overseas Filipino worker Angelo dela Cruz, which was obtained through its subscriptions to Reuters and CNN.

The libel complaint was filed by GMA executives Felipe Gozon, Gilberto Duavit Jr., Marissa Flores, Grace Dela Peña Reyes and John Oliver Manalastas after ABS-CBN anchors alleged that the rival network had stolen their video footage.

Respondents in the case were ABS-CBN anchors, executives, and personnel Erwin Tulfo, now ACT-CIS representative, Eugenio Lopez III, Lynda Jumilla, Luchi Cruz-Valdes, Beth Frondoso, Maria Progena Estonilo Reyes, Annie Eugenio, Dondi Garcia, Luis Alejandro, Jose Ramon Olives, Jesus Jake Maderazo, Jose Magsaysay Jr. and Alfonso “Pal” Marquez.

Judge Catherine Manodon of the Quezon City Regional Trial Court, granted the ABS-CBN personnel’s demurrer to evidence in February 2022 and dismissed the libel case against them.

The lower court ruled that the element of identification was not established, as there were no references or descriptive terms connecting the statements to any GMA officers in their personal capacity.

GMA executives chose to elevate the case to the CA, arguing that explicit naming is not necessary for libel to apply; it is sufficient if the allusion is clear through intrinsic reference.

They contended that GMA can only act through its officers, meaning the label of “thief” also extends to them. Additionally, they argued that the statements made did not constitute a “fair and just report.”

In a decision issued on 28 October and penned by Associate Justice Eduardo Ramos Jr., the CA stated that the petition suffered from a procedural defect, as it lacked the approval of the public prosecutor and was filed beyond the allowed timeframe.

The petition regarding the substantive aspects was also dismissed, with the CA ruling that the Regional Trial Court (RTC) did not commit grave abuse of discretion when it found the libel case unsubstantiated and acquitted the ABS-CBN anchors and executives.

The CA concurred with the RTC’s conclusion that the GMA executives were not personally defamed by the statements made by the ABS-CBN anchors.