CA stops Makati court from hearing Willie's case

MANILA, Philippines - The Court of Appeals (CA) stopped yesterday a Makati regional trial court from hearing the copyright infringement case filed by broadcast giant ABS-CBN Corp. against popular celebrity Willie Revillame in connection to his new show “Willing Willie” aired over TV5.

In a four-page resolution, the fourth division of CA issued a temporary restraining order enjoining Makati RTC Branch 66 under Presiding Judge Joselito Villarosa from proceeding with the P127-million case and granted the preliminary relief sought in a petition filed by ABC Development Corp., owner of TV5.

The TRO is effective for 60 days.

Associate Justice Franchito Diamante penned the ruling, with both Associate Justices Josefina Guevarra Salonga and Mariflor Punzalan Castillo concurring.

The CA said it issued the TRO in order to “preserve the rights of the parties” pending resolution of the main petition as well as to “prevent the judgment that may be promulgated herein from being rendered ineffectual.”

In issuing the TRO, the CA required TV5 and its president Ray Espinosa to post a cash bond of P102.4 million.

The amount would answer for any and all damages that ABS-CBN may suffer or sustain because of the TRO in case the CA decides that TV5 is not entitled to a stay order.

Also yesterday, ABS-CBN asked Justice Diamante to inhibit himself from hearing the petition of TV5.

In an urgent motion, ABS-CBN said Justice Diamante should inhibit himself from the case as he is allegedly related to one of the associates in the law firm that represents the “Kapamilya” network.

It pointed out that the magistrate is mandatorily required to inhibit himself from participating in the case because he is related by consanguinity to the fourth degree to Atty. Cecilia Natividad, one of the lawyers at Villaraza, Cruz, Marcelo and Angangco.

The management of TV5 asked the CA to nullify the order of Judge Joselito Villarosa of the Makati City Regional Trial Court, Branch 66, denying a motion to defer proceedings on ABS-CBN’s petition for TRO to stop the further airing of Revillame’s top rating program.