Revillame asks QC court to junk ABS-CBN’s counter-claim, too

MANILA, Philippines — TV5 host Willie Revillame has asked a Quezon City court to junk the counterclaim filed by ABS-CBN in appealing to the court to uphold the host’s contract with the giant network, which Revillame ditched in 2010.

The popular comedian and host cited a Court of Appeals decision last week dismissing the network’s copyright infringement case against Revillame before a Makati City court.

Willie Revillame. INQUIRER FILE PHOTO

In a pleading, the host, through his counsels, pointed out that the appellate court ruled that ABS-CBN engaged in forum shopping in filing two cases before separate courts.

“With the findings of the Court of Appeals (CA) that herein defendant ABS-CBN violates the rules on non-forum shopping, its counterclaims against plaintiff Revillame in the instant case can be dismissed already with prejudice,” the manifestation filed by lawyers Lemuel Santos and Dennis Espejo read.

The pleading added: “As such, the pending motions of defendant ABS-CBN emanating from its counterclaims should be denied outright by the honorable court.”

The pleading was filed on September 7 before Judge Santiago Arenas of Quezon City Regional Trial Court (RTC) Branch 217.

Previously, ABS-CBN filed two civil cases against Revillame. One before Makati City RTC Branch 66 Judge Joselito Villarosa asking it to protect the network’s alleged copyright over “Wowowee.”

In another case, pending before Arenas, the network asked the court to compel Revillame to honor his talent agreement with ABS-CBN and it sought the issuance of a preliminary injunction.

The Quezon City judge previously in charge of the case, Judge Luisito Cortez of RTC Branch 84, had denied ABS-CBN’s appeal for a temporary restraining order (TRO) to stop the airing of Revillame’s show on TV5.

The Court of Appeals later set aside Villarosa’s order for TV5 to stop airing Revillame’s show, “Willing Willie,” effectively dismissing the copyright infringement case.

The appellate court also directed the release of a P102.4-million cash bond posted with the lower court for the issuance of a TRO against the show.

In the case before the Quezon City court, Revillame demanded P11 million from his former employer after leaving a year before his three-year contract lapsed.

In retaliation, the network filed a P486-million counterclaim against the host.

In the eight page manifestation, Revillame said: “Plaintiff respectfully entreats the honorable court to take due consideration of the decision of the CA in resolving the pending motions.”

The TV5 host reiterated that since his contract was terminated in August 2010, “there is no more ground to proceed with the hearing for the issuance of preliminary injunction.”

“It will be just a waste of time and resources for the honorable court and the parties to hear an issue that is already moot and academic,” Revillame said through his counsels.