Hearing set for Monday: Bantay Radyo operator wants Gigi case junked

CEBU, Philippines - Sarraga Integrated and Management Corporation (SIAM) is seeking for the dismissal of the civil case filed by Cebu Provincial Board Member Grecilda “Gigi” Sanchez-Zaballero over the takeover of management of three AM stations under El Nuevo Bantay Radyo.

SIAM president Francisco Sarraga alleged that PAFI (The Sower of Seeds) Foundation, represented by Zaballero as president, has no legal basis to file the case against them.

Zaballero is resorting to court seeking damages, temporary restraining order and preliminary mandatory injunction against SIAM.

“The contract between the parties clearly has been violated by the plaintiff, when PAFI failed to pay or remit in favor of the defendant SIAM, the agreed guaranteed income for a minimum of eight months,” the motion to dismiss read.

Sarraga, through lawyer Michael Florentino Dumlao III, claimed that they have not violated any of the provisions of the agreement which they have entered into with PAFI.

Earlier, Zaballero filed an amended complaint before the court and included the Cebu CFI Community Cooperative, Inc., which will take over of the radio station starting August 1, as one of the defendants of the case.

She said before the expiration of the contract this July 31, PAFI initiated a talk with SIAM on December 2014 for the renewal of the contract as legitimate manager and operator of radio stations DyDD or Bantay Radio based in Cebu City; DyHH based in Bogo City; and DyZZ based in Bacolod City.

After verbally agreeing to renew the contract, PAFI on April 10, 2015 deposited P700,000 to SIAM’s account as its initial payment for the financial obligations.

PAFI likewise entered into an agreement for the purchase of radio blocktime and other similar arrangements to provide income to PAFI.

Zaballero said after she came back from the United States, she was shocked when she received a letter from SIAM telling her that it would not renew its contract with PAFI. Instead, SIAM said it will enter into a contract with CFI because the latter has a higher offer.

Zaballero tried to contact the representatives of SIAM and sent them a letter, but it remained unanswered. Thus, she resorted to filing a complaint before the court.

She said she included the CFI in the case after learning that it had already signed a contract with SIAM for the operation and management of the three AM stations.

The case was raffled before the sala of Regional Trial Court Judge Alexander Acosta of Branch 9.

Acosta scheduled for Monday the hearing of the dismissal case filed by SIAM.

He directed the camp of Zaballero through lawyers Magnificus Cañete and Edgar Gica to file their comment on SIAM’s appeal within three days.

The TRO asked by Zaballero will also be heard on Monday.— Mylen P. Manto/NSA (FREEMAN)