Supreme Court junks the petition for review filed by ABS-CBN against Willie Revillame and TV5.
This is regarding the copyright infringement cade that was first rejected by the Court of Appeals.
The ABS-CBN filed the case copyright infringement against Willie Revillame and the TV5 program Willing Willie in Makati Regional Trial Court (RTC) last November 24, 2010.
According to the Kapamilya network, Willing Willie as the exact copy cat of the past program of ABS-CBN hosted by Willie, Wowowee.
Willie was also the host of Willing Willie, that used to be his program in TV5 after leaving the ABS-CBN last 2010.
ABS-CBN asked Willie and TV5 to pay P125 Million for the damage.
On the other party, TV5 filed Motion to Dismiss in Makati RTC Branch 66, where the hearing of the case was being held (Civil Case No. 10-1155).
After this, on December 2, 2011, the Makati court released a decision that went to continue the hearing and did not allow tp resolve the petition of TV5.
With this, TV5 filed in Court Of Appeals a Certiorari and Prohibition dated December 6, 2011.
Then the TV5 remained firm in the decision that the Makati RTC should resolve first their Motion to Dismiss before they proceed the hearing for TRO.
In the three pages long resolution that was released by the Supreme Court on October 16, 2019, Librada C. Buena, clerk of court, said that the Supreme Court supported the decision of Court of Appeals (CA) last September 5, 2011.
They also commanded the ABS-CBN to pay all the expenses spent for their case.
The Supreme Court also agreed to the decision of Court of Appeals to the decision to junk the first ruling of Makati RTC.
It is because the copyright infringement they filed against the complaint party will be called as “forum shopping” because they also filed a case in Quezon City RTC.
In the decision of Makati RTC Branch 66 Presiding Judge Joselito Villarosa, he stopped the airing of the show of Willie in TV5, Willing Willie.
He also let the civil complaint against Willie to continue, in his production office, and the Kapatid Network.
In the complaint filed by Kapamilya network in Makati RTC, they stopped the airing of Willie’s show in TV5 because they allegedly accussed the program copied the concept of Wowowee.
Hence, according to the decision of Supreme Court, stated by Philippine News Agency (PNA) yesterday, December 12, “As correctly held by the CA, Wilfredo Revillame’s (Revillame) refusal to ‘honor his talent agreement by not working for a rival network is the delict that purportedly violated the petitioner’s rights in the separate claims.
“Thus, the petitioner resorted to forum shopping when it filed a complaint for infringement, the cause of action of which is similar to its compulsory counterclaim (in another case) considering that both can be traced from Revillame’s refusal to honor his talent agreement.’”
ABS-CBN did not won to stop the airing of the show Willing Willie during November 2010.
The Court didn’t allow the petition of Kapamilya Network to quickly file the temporary restraining order (TRO).
Based on the petition of ABS-CBN, Willie will not be allowed to have another program to another network because he was still in contract until the year 2012.
The court didn’t see any reason regarding the “urgency” said by ABS-CBN to release it in no time.
During his interview in Aksyon Prime of TV5 last November 2010 Willie said, “Di ko maintindihan kung bakit galit na galit sa akin ang ABS-CBN.
“Sila naman ang nagtanggal ng programa na Wowowee. Sila naman ang nagsabi sa akin na hindi na ako tanggap ng tao.
“Nag-file sila ng case sa Quezon City, na-junk yung TRO. Yung mataas na korte na, sa Court of Appeals, na-junk yung TRO.
“Kaya sa Makati, hindi ko maintindihan kung bakit lahat na lang yata ng korte sa Pilipinas, e, kakasuhan nila ako. Hindi ko maintindihan kung bakit.”
On May 2015, Willie switched to GMA7 where he was successful for his early primetime game show, Wowowin.