An internal GMA Network scandal is being sensationalized and
in progress since one of its talents Sarah Lahbati outwardly reacted and
decried against GMA.
In return GMA defended by this press release:
GMA Network addresses all
issues raised by Sarah Lahbati – starting from her posts in the social
networking and microblogging site Twitter, which were eventually picked-up by
the press.
The Network
maintains its stand that Sarah Lahbati violated her contract, as follows:
“Sarah Lahbati’s
Artist Management Contract with GMA Network is effective until February 21,
2015. There is no provision for leave of absence in said contract. Any
leave is subject to prior agreement between the Network and Sarah. Therefore,
Sarah’s unilateral decision to go on leave, despite its earlier disapproval by
the Network, is a violation of her contract with the Network. Further, her
declared trip to Switzerland for an indefinite period, without the prior
consent and approval of the Network, will be an additional violation of her
contract.”
“Despite the rejection of her leave, she ceased to
honor her commitments with the Network including her being part of the Network’s
Sunday variety show Party Pilipinas. Under the provisions of her contract with
the Network, specifically Paragraphs 1.3 and 1.4, it is clearly stated that the
‘artist shall perform the role and appear in the television programs, projects
and events assigned to her, and conscientiously fulfill faithfully and promptly
any and all engagements/booking contracted to her by GMA.’”
I’m writing this as an open opinion.
It must be a fact that personal emergency leave of absence is part of the contract and to say, NO PROVISION FOR LEAVE OF ABSCENCE IS IN THE
CONTRACT EXCEPT A COMPLIMENTARY LAW OF HAVING TO BE APPROVED FIRST PRIOR TO ANY
LEAVE OF ABSENCE is quite unfair for the actress in the first place in
compulsive cases such as emergency absences. Can GMA be chargeable for any
dubious, deceptive contract?
Note: GMA says, “approval first prior to any leave of
absence!”
To leave no leeway as provision for miscellaneous compulsion except an approval first, was it then not a questionable contract so to say when it contradicts
application? IT BECOME AN IMPOSSIBILITY IN OTHER ASPECTS IN TERMS OF ABSENCES! IT IS UNENFORCEABLE: (hey, i'm not a lawyer, just a barbershop talk!)
siteIf you've been sued for breach of contract, the law permits you to claim as many alternative defenses as you want, even if they contradict each other. For example, you may argue that the contract is invalid or unenforceable, that you performed as required by the contract, and alternatively, that your failure to perform was justified by the other party's actions -- even though those arguments can't all be true. (It's a little bit like the criminal defense attorney who argues his client was 100 miles from the scene of the murder and, alternatively, that the murder was in self-defense.) Finally, in some cases, you may admit to the breach and assert defenses only to the damages claimed by the other side.
No leeway? GMA’s press release admitted it.
There is no provision for leave of absence in said contract. (exception:) Any leave is subject to prior agreement between the Network and Sarah.
note: this is by the presumption that emergency leaves are included in the contract or implied to about.
Would she be penalized as part of any contract breach If ever she went on inevitable emergency leaves prior to approval as it is a violation of the
‘APPROVAL FIRST PRIOR TO LEAVE OF ABSCENSE’?
For any violation of her
contract with GMA, Paragraph 5.2 states that “In the event of violation by
artist… GMA may, in addition to and without prejudice to any other remedy, recover liquidated damages from artist in the
amount equivalent to double artist’s minimum guarantee.”
If not, then it nullifies itself as a contract being a
paradox when it comes to application bec it is too a breach of contract when
emergency cases occurred as a reason for absences. Nullification requires
litigation so as a lawyer advised.
Though this below is about a lease but a contract nonetheless.
If the contradiction is
a key part of the lease, then you may be able to invalidate it. HOWEVER, the
deal is that unless you are willing to litigate, the contract is (usually)
correct by default. You can not just leave, rather you would have to file a complaint
against the contract and then have it ruled void by a magistrate (judge).
NOTE: Ambiguity
and impossibility are all legal defenses to a breach contract claim.
If so that there is leniency in emergency cases (if so that emergency leaves were part of the contract or a general implementation irregardless of mentioning it in the contract or not) then it
would be a contradiction to the press release as it implied:
NO PROVISION IN THE CONTRACT (emergency leaves, is carried over as an inevitable part) FOR ANY LEAVE OF ABSCENSE EXCEPT WHEN APPROVED
PRIOR TO THE ABSENSE or verbatim:
There is no provision for leave of absence in said contract. Any
leave is subject to prior agreement between the Network and Sarah.
IT IS A CONTRADICTION OF CONTRACT IN TERMS OF APPLICATION, AN IMPOSSIBILITY IN EMERGENCY, INEVITABLE CASES WHEN APPROVAL'S FAR-FETCHED THUS LIABLE FOR NEGATION.
note: Lahbati's breach was valid if the said contract is integrally valid but partly, if it has some contradiction, then is not the whole contract compromised?
lease contract:
If the contradiction is a key part of the lease, then you may be able to invalidate it.(the contract)
As a lawyer advised, negation is through litigation process.
HERE ARE DEFENSES TO A BREACH OF CONTRACT:
site
Common Affirmative Defenses to a Breach of Contract ClaimHow you frame your legal defenses in a breach of contract lawsuit is limited only by your lawyer's imagination (and your ability to bankroll legal fees). Some of the most common defenses are listed below.
- The contract was supposed to be in writing.
If the other side argues that an oral agreement should be enforced against you, you may be able to defend yourself by claiming that a state law (known as the "statute of frauds") requires the type of contract -- for example, for the sale of real property -- to be in writing.
- The contract is indefinite.
If the essential terms were never agreed upon, you may be able to defend by arguing that the contract is indefinite. This means either the parties did not consider the deal to be final or that a court could not discern the essentials, even by implication (for example, if it's not clear how long an agreement should last or what the specifications are for a construction project). Agreements to agree (such as letters of intent or agreements in principle) are usually considered indefinite and therefore unenforceable, although courts will require the parties to act in good faith to reach an agreement.
- There is a mistake.
You can defend yourself by proving that a mutual mistake was made as to an essential fact in the contract -- for example, both parties were mistaken as to the authenticity of a painting. You cannot use this defense when referring to a mistake in judgment by one party ("Oops, I could have gotten so much more for my painting!")
- You lacked capacity to contract.
If you lacked capacity (that is, you couldn't understand what you were doing when you entered into the deal, as discussed in the example above), the contract may be voidable. This defense is most likely to succeed in the case of minors and those with mental incapacities.
- You were fraudulently induced to enter into a contract.
A contract will be invalid if it was induced by lies, under duress ("Sign this or we'll take your cat"), or by a trusted person's undue influence (your real estate agent advises you to buy because she secretly gets a kickback from the seller).
- The contract is unconscionable.
A contract won't be enforced if it is grossly unfair. This almost always occurs in situations where the bargaining power is severely imbalanced (as in a contract of adhesion) and the party with more power takes advantage by forcing unfair conditions, clauses, or waivers on the other party.
- estoppel.
When one party makes a statement excusing performance of the agreement and the other party relies on that statement, the first party may be prevented from later denying that statement and claiming a breach. For example, if a bank president calls a homeowner and tells her that the bank won't foreclose for six months in order to give the homeowner a chance to sell the home, the bank will be held to its six-month promise.
NOTE: this situation is inapplicable thus too a defense:
Would she be penalized as part of any contract breach If ever she went on inevitable emergency leaves prior to approval as it is a violation of the ‘APPROVAL FIRST PRIOR TO LEAVE OF ABSENCE’?
For any violation of her contract with GMA, Paragraph 5.2 states that “In the event of violation by artist… GMA may, in addition to and without prejudice to any other remedy, recover liquidated damages from artist in the amount equivalent to double artist’s minimum guarantee.”
- The contract is illegal.
A contract is unenforceable if its object or the thing bargained for is illegal -- for example, a contract that enables prostitution, violates tax laws, or requires the destruction of records. Contracts that may indirectly aid illegal purposes will sometimes be enforced -- for example, an agreement to supply gambling machines, even though they may be illegal in some states, may be enforced. Sometimes, a court will sever the illegal aspect from the agreement, leaving the rest of the contract enforceable.
Sarah stated misunderstanding..
In a series of tweets earlier this month, Lahbati said she decided to go to Switzerland and study there because of her disagreements with people handling her career.
“I’ve had misunderstandings with the people who are handling my career. I am still thankful to them for the efforts they have shown in the past but now I feel neglected and my back is against the wall. Therefore I have to do something,” said the actress.
She also said that she decided to sign a contract with talent manager Annabelle Rama, mother of her boyfriend Richard Gutierrez, when she learned that they can be co-managed by another company following the offer of GMA executives for her to sign a contract with ICONS managemen
Could that be a defense?
• The contract contains a unilateral mistake that was material to the agreement and the other party knew or should have known of the mistake.
Example: Maria paid Tom a lot of money for a painting signed “Picasso.” Tom knew that Maria thought Pablo Picasso painted it, when really Arnold Picasso was the painter, but Tom did not correct the misunderstanding.
GMA HONORS SUB JUDICE.
After the complaint is filed in court, the Network will no longer publicly comment on the case except through pleadings filed in court, in compliance with the rule on "sub-judice", to avoid influencing the decision the court may render on the case.
IRONY OF IRONIES, DID THEY HONOR SUB JUDICE ON BRO ELI'S CASE?
SITEThe airing of the case of Daniel Veridiano on the program Case Unclosed on GMA 7 betrays your claim of “walang kinikilingan, walang pinoprotektahan.” By so doing, it seems the Network just did the opposite. Pardon me Sir, but as a lawyer, you know what sub judice is. GMA 7 committed a big blunder and irreparable damage in showing the segment of Case Unclosed. It does not speak well of GMA 7. The Network’s credibility was put at stake, and unfortunately, permanently lost the patronage of the Members Church of God International (MCGI) members. It must be noted that in every month, worldwide membership of this Church is increasing by the hundreds if not thousands. Members Church of God International come from all strata of society, from different religious organizations, and from various disciplines.
Inquirer.net posted the GMA press release on FACEBOOK 12:27 PM, JAN 9, 2013 thus sub
judice is out of context.
DENNIS Y BUTIC
