CA upholds ABC TV5 in copyright case

The Court of Appeals has ruled in favor of ABC TV5 and Willie Revillame, saying that network giant ABS-CBN was guilty of forum-shopping by trying to stop the game show host from airing a game show similar to his old TV program “Wowowee.”

Promulgated last Monday, the decision was written by Associate Justice Japar Dimaampao and concurred in by CA Presiding Justice Andres Reyes and Associate Justice Jane Aurora Lantion.

ABC Development Corp. and its president, Ray Espinosa, filed the petition for certiorari and prohibition against ABS-CBN and Makati Regional Trial Court Branch 66 Judge Joselito Villarosa.

The decision noted that ABS-CBN filed a copyright infringement case over the “Wowowee” game show in Villarosa’s sala.

“These reliefs may be different; nonetheless, they emanate from one cause of action—the purportedly wrongful conduct of intervenor Revillame in refusing to honor his Talent Agreement,” the court said.

The appellate court’s decision also stopped Makati RTC Branch 66 Judge Joselito Villarosa from proceeding with the copyright case and directed that the orders he had previously issued be set aside.

Revillame’s lawyer, Ferdinand Domingo, said in a statement that with the Court of Appeals ruling, “there is no more judicial obstacle to the continued airing of ‘Wiltime Bigtime.’”

This was how ABS-CBN committed forum-shopping, based on prior facts noted by the appellate court:

After Revillame left ABS-CBN and his show “Wowowee,” it filed a case in the Quezon City RTC to confirm that the cancellation of his show resulted in the termination of his Talent Agreement with ABS-CBN.

ABS-CBN asked the court to junk Revillame’s petition saying the network cancelled the show but did not end Revillame’s agreement.

After it was reported that Revillame was going to host a new game show titled “Willing Willie” on ABC TV5, ABS-CBN asked the Quezon City RTC to issue a temporary restraining order to stop him from “creating or performing work similar to the work under the Talent Agreement.”

The Quezon City RTC, however, denied the request of ABS-CBN to restrain Revillame from hosting “Willing Willie.” This prompted the network to   seek the judge’s inhibition from the case.

ABS-CBN also went to the Court of Appeals and again sought a TRO and injunction against Revillame. The appellate court’s Special 14th Division, however, denied the petition with finality.

ABS-CBN then filed a copyright infringement case in the Makati RTC against Revillame, ABC TV5, WilProductions Inc. and Espinosa, arguing that Revillame’s new show on TV5 was similar to “Wowowee,” the copyright audiovisual works of which were owned by ABS-CBN.

ABC TV5 and Espinosa, with Revillame as intervenor, filed a petition in the appellate court that ABS-CBN committed forum-shopping, among others.

A statement sent by Bong Osorio, head of corporate communications division, ABS-CBN, said that since it had not received a copy of the decision, it would defer from commenting on the case.

“The copyright infringement case is not the same as the breach of contract case, which involves the issue of the several violations by Willie Revillame of his talent agreement with ABS-CBN including, among others, his refusal to comply with his obligations to ABS-CBN, his transferring to another station, and his public airing of his complaints against ABS-CBN management,” Osorio said.