Gordon’s civil suit vs SWS, Pulse Asia still active

MANILA, Philippines - A Quezon City court has yet to decide on the P650,000 civil suit filed by United Nationalist Alliance (UNA) senatorial candidate Richard Gordon against survey firms Social Weather Stations (SWS) and Pulse Asia in 2010.

The STAR learned yesterday from an employee of the Quezon City Regional Trial Court (RTC) Branch 219 that the case has not reached trial proper as both parties are still expected to file various motions.

Meanwhile, the hearing in another case against SWS and Pulse Asia has yet to be scheduled by the RTC Branch 77  also in Quezon City.

On Nov. 27, 2012, senatorial candidate Samson Alcantara asked Judge Germano Francisco Legaspi in his complaint to stop the two polling firms from conducting surveys without providing him with copies of questions to be asked the respondents.

Gordon sued SWS and Pulse Asia on April 22, 2010 when he was a presidential candidate after the two firms released pre-election surveys showing him lagging behind.

In his complaint, Gordon said the polling firms “have published false, fraudulent, biased and defective surveys” which have undermined his campaign.

Gordon said the surveys portrayed him and his running mate former Metro Manila Development Authority chairman Bayani Fernando as “unwinnable contenders.”

He asked for P100,000 in nominal damages, P500,000 in exemplary damages, and P50,000 in attorney’s fees.

In his suit, Alcantara said he has the right to have “reasonable opportunity to take adequate steps to protect his rights and interests as a senatorial candidate and avoid grave and irreparable injury.”

He said he does not question the right of defendants to conduct public opinion surveys.

“But it should be stressed that with such right comes great responsibility,” he said.

In response, SWS and Pulse Asia said the law does not require them to furnish copies of survey questions to the candidates.

SWS asked the court to order Alcantara to pay P1 million in moral damages and another P200,000 in attorney’s fees.

Pulse Asia wants Alcantara to pay at least P50,000  in exemplary damages, and at least 100,000 in attorney’s fees.

In his replies, Alcantara said: “It is unfair for defendant to withhold plaintiff and the public the questions to be propounded to the respondents and other data relevant to the survey.”

UNA called yesterday on SWS to disclose who commissioned the survey showing Team PNoy candidates dominating the top 12 spots in the senatorial race.

Navotas Rep. Toby Tiangco, UNA campaign manager, said under the law, pollsters are required to disclose the persons behind surveys.

“SWS should disclose who commissioned and who subscribed (to the survey),” he said. “That is mandated by law.”

Vice President Jejomar Binay asked yesterday SWS to reveal to the public the basis in its recent surveys showing big discrepancies in ratings of senatorial candidates compared to its previous survey.

“We cannot tell because the difference is too huge,” he  said. “There is a big difference. There is one who landed on third to fourth then landed on the fifteenth in the other survey. The SWS must reveal its basis. I cannot believe it. How can I comment when I cannot believe it.”

The recent SWS survey showed that nine senatorial candidates from the pro-administration Liberal Party as against three from UNA will win in the May elections.

In a recent Pulse Asia survey, Binay’s daughter Nancy was elevated to fourth slot, a point ahead of San Juan Rep. JV Ejercito-Estrada, son of former President Joseph Estrada, who landed fifth.

Under Commission on Elections Resolution No. 9615, any person or group conducting a survey must publish, among other information, the name of person, candidate, group or party that commissioned the survey, the period the survey was conducted and the method used.

Gordon told The STAR surveys were meant to “influence the uninitiated and compound corruption in this country.”

“I don’t even want to look at them (survey). Why should we worry about them?” he said.

Binay had started with a two percent survey rating when he was campaigning for the vice presidency in 2010, former Senate president Ernesto Maceda said. – Janvic Mataeo, Alexis Romero, Jose Rodel Clapano