BANTAY Radyo Network has asked Judge Alexander Acosta to dismiss the civil complaint filed by Cebu Provincial Board (PB) Member Grecilda “Gigi” Sanchez-Zaballero against him.
Zaballero seeks to retain management of the broadcast company.
The Cagayan de Oro-based Sarraga Integrated and Management (SIAM) Broadcast Corp., which operates Bantay Radyo network, said Zaballero has no cause of action in filing the case.
“The contract between the parties clearly has been violated by plaintiff, when (Lacto) Pafi failed to pay or remit in favor of SIAM, the agreed guaranteed income for a minimum of eight months,” read SIAM’s motion to dismiss.
Francisco Sarraga, the network’s president, represents SIAM in the case.
Assisted by her lawyer Magnificus Cañete, Zaballero filed a complaint before the Regional Trial Court in Cebu City in a bid to retain the management of Bantay Radyo.
She lodged the civil case for specific performance, damages, injunction with prayer for issuance of preliminary injunction SIAM) Broadcast Corp.
The case was filed after SIAM signed a new contract with CFI Cooperative to manage El Nuevo Bantay Radyo starting Aug. 1. The broadcast contract of Zaballero with the station will end on July 31.
Bantay Radyo network is composed of dyDD in Metro Cebu, dyHH in Bogo City and dyZZ in Guihulngan City, Negros Oriental.
Damage
Zaballero said the transfer of operation and management of Bantay Radyo would cause “enormous financial damage” and could spawn damage lawsuits from advertisers and block-time patrons against them. The board member also filed an amended complaint implicating CFI Cooperative in the suit.
Apart from a temporary restraining order, Zaballero also asked the court to order SIAM to pay her P500,000 in moral damages; P100,000 in attorney’s fees; and P100,000 in litigation expenses.
CFI Cooperative’s Board of Directors is chaired by retired judge Esperanza Garcia, mother of former governor now Rep. Gwendolyn Garcia (Cebu, 3rd district).
The Sanchezes and Garcias are political rivals.
But Michael Florentino Dumlao III, lawyer of SIAM, said the complaint ought to be dismissed since Zaballero lacked cause of action in filing the case.
“The complaint filed by the plaintiff does not show any of its allegations the violations that may have been committed by SIAM, that may cause the filing of this case,” the network’s pleading read.
Dumlao said the network did not violate any provision of the agreement with PAFI, thus the elements for a cause of action to arise has “miserably failed.”