In 1990, ABS-CBN and Viva executed a Film Exhibition Agreement (Exh.

A) whereby Viva
gave ABS-CBN an exclusive right to exhibit some Viva films. Sometime in December 1991, in
accordance with paragraph 2.4 [sic] of said agreement stating that .
1.4 ABS-CBN shall have the right of first refusal to the next twenty-four (24) Viva films for TV
telecast under such terms as may be agreed upon by the parties hereto, provided, however, that
such right shall be exercised by ABS-CBN from the actual offer in writing.
Viva, through defendant Del Rosario, offered ABS-CBN, through its vice-president Charo
Santos-Concio, a list of three(3) film packages (36 title) from which ABS-CBN may exercise its
right of first refusal under the afore-said agreement (Exhs. 1 par, 2, 2, 2-A and 2-B-
Viva). ABS-CBN, however through Mrs. Concio, can tick off only ten (10) titles (from the
list) we can purchase (Exh. 3 Viva) and therefore did not accept said list (TSN, June 8,
1992, pp. 9-10). The titles ticked off by Mrs. Concio are not the subject of the case at bar except
the film Maging Sino Ka Man.