MANILA, Philippines - The Court of Appeals (CA) ordered the Makati City regional trial court to dismiss ABS-CBN’s copyright infringement case against comedian Willie Revillame for his game show on TV5.
In a 16-page decision promulgated Monday, the CA’s first division said ABS-CBN’s copyright infringement claim violated rules against forum shopping, “having filed two cases based on the same cause of action, albeit with divergent reliefs prayed for.”
The CA said ABS-CBN asked Makati RTC Branch 66 Judge Villarosa to protect the network’s alleged copyright over Revillame’s former show, “Wowowee,” while it also asked the Quezon City regional trial court to uphold its talent agreement with Revillame.
The CA set aside Villarosa’s orders for TV5 to stop airing Revillame’s show, “Willing Willie” and for the civil complaint against the comedian, his production outfit and TV5 to proceed.
The CA also ordered the release of a P102.4-million cash bond posted with the RTC for earlier issuance of a temporary restraining order against the show.
Revillame welcomed the ruling, but refused to comment on its merits.
“What’s important is we will continue giving happiness and hope to the people through our modest means. We will continue to improve our show for them,” he told The STAR in a text message when asked for his reaction.
The new ruling came after the same CA division affirmed last month its ruling allowing the airing of the show, whose title has since been changed to “Wil Time Bigtime.”
ABS-CBN corporate communications head Bong Osorio said in a statement they will defer from commenting on the case because they have not yet received a copy of the decision.
He said ABS-CBN filed its infringement case on the grounds that Revillame, his production outfit and TV5 copied Wowowee when they produced and aired Willing Willie.
Osorio said this case is different from the breach of contract case the network filed against Revillame, who reportedly violated the talent agreement by refusing to comply with his obligations to ABS-CBN, transferring to another station, and public airing of complaints against his former network.