TV5 host Willie Revillame asked a Quezon City court to throw out a counterclaim of television network ABS-CBN seeking to uphold his contract with them, which he ditched last year.
Revillame cited a Court of Appeals (CA) decision last week dismissing the network’s copyright infringement case against him in a Makati City court.
In a pleading, the host, through his counsels, pointed out that the appellate court ruled that ABS-CBN engaged was forum shopping by filing two cases in separate courts stemming from one action.
“With the findings of the Court of Appeals that herein defendant ABS-CBN violates the rules on nonforum 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 in the sala of Judge Santiago Arenas of Quezon City Regional Trial Court Branch 217.
Previously, ABS-CBN filed two civil cases against Revillame in Makati City RTC Branch 66 and Quezon City Regional Trial Court Branch 217, for copyright protection, upholding its talent agreement with Revillame and 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 “Wowowee.”
The Court of Appeals set aside the order of Judge Joselito Villarosa of RTC Branch 66 for TV5 to stop airing Revillame’s show, “Willing Willie,” effectively dismissing the copyright infringement case.
The CA also directed the release of a P102.4-million cash bond posted in the lower court for the issuance of a TRO against the show.
For the case filed in the Quezon City court, Revillame demanded P11 million from his former employer after leaving one year before his three-year contract lapsed.
In retaliation, the network filed a P486-million counterclaim against the host.
The TV5 host said that since his contract was terminated in August 2010, “there is no more ground to proceed with the hearing for the issuance of a preliminary injunction.”