TAPE Inc. executives submit counter-affidavit in estafa case filed by GMA Network

Television and Production Exponents Inc. (TAPE) executives, together with their legal counsel, submitted a joint counter-affidavit on Tuesday at the Quezon City Office of the Prosecutor in response to the estafa complaint filed against them by GMA Network Inc.

GMA Network had earlier lodged a criminal complaint accusing TAPE officers of estafa with abuse of confidence, alleging the misappropriation of nearly ₱38 million in funds. The accused include TAPE chairman Romeo Jalosjos Sr., former president and CEO Romeo Jalosjos Jr., treasurer Seth Frederick "Bullet" Jalosjos, former senior vice president for finance Michaela Magtoto, finance consultant Zenaida Buenavista, and current president and CEO Malou Choa Fagar.

According to Atty. Maggie Abraham-Garduque, representing some of the respondents, the dispute centers on unpaid airtime fees owed by TAPE to GMA Network under their contractual agreement. She emphasized that the case should be treated as a civil matter involving the corporation rather than a criminal case against individual officers.

Atty. Garduque explained that since TAPE Inc. is a juridical entity, it cannot be subjected to criminal charges as a corporation cannot be imprisoned. She noted that the agreement was executed between GMA Network and TAPE Inc., not by the individual officers, meaning the corporation bears the liability for the unpaid fees.

Furthermore, she pointed out that the letters from GMA attached to the complaint indicated intentions to pursue breach of contract and collection actions against TAPE as a company, not its officers personally.

“This is a juridical person or a corporation, hindi siya pwedeng kasuhan ng kriminal, because corporation cannot be incarcerated or cannot be imprisoned so hindi siya pwedeng makasuhan ng criminal case,” she said.

Several respondents, including Seth Frederick "Bullet" Jalosjos, Michaela Magtoto, Zenaida Buenavista, and Malou Choa Fagar, have already appeared before the prosecutor to submit their counter-affidavits. The Jalosjos father and son, Romeo Sr. and Romeo Jr., are scheduled to file theirs on July 15.

“So hindi party 'yung mga respondents or individual parties of the board of directors, as well as 'yung mga officers ng TAPE dun sa agreement. So ang ibig sabihin, ang may liability to be able to collect and also to pay 'yung airtime fees ay yung TAPE Inc. as a corporation,” she said.

This legal action follows GMA's allegations that TAPE failed to remit advertising revenues collected from clients, which were contractually assigned to GMA under a 2023 agreement. Instead, these funds were allegedly used for TAPE's operational expenses, violating the terms of the trust arrangement. Despite mediation efforts and a settlement offer from TAPE involving a property valued at ₱39 million, GMA rejected the proposal, seeking full payment of the ₱37.9 million airtime arrears.