ShareThisQUEZON CITY – Popular television host, actor and singer Willie Revillame has asked a Quezon City court to declare giant television network ABS-CBN in default of his contract.
Revillame also called for a strike out the network’s “compulsory counterclaims” in the civil case he filed for judicial confirmation of his rescission of contract as Wowowee host.
Through his lawyers, Revillame filed an omnibus motion in Civil Case No. Q10-67770, which, aside from the aforementioned actions, also asked Branch 84 of the Quezon City Regional Trial Court to allow him to present his evidence ex parte or without the representation or notification of defendant ABS-CBN.
In asking that ABS-CBN’s “compulsory counterclaims” be stricken out, the Bodegon Estorninos Guerzon Borje & Bongco Law Offices argued that the network failed to pay the docket fees which the Supreme Court, in A.M. No. 04-2-04-SC, requires to be paid in compulsory counterclaims or cross-claims.
The lawyers described as “horrendous” ABS-CBN’s “compulsory counterclaim” for liquidated damage of P426,917,646, and its compulsory counterclaims for P20 million in moral damages, P20 million for exemplary damages, and another P20 million in attorney’s fees and litigation expenses.
Revillame has signed up with TV5 for two new shows while its former network, ABS-CBN, has filed a P486-million counterclaim damage suit against the TV host for allegedly violating his contract.
In spite of a pending court case with its former network, Revillame will launch two new shows with TV5 next month: The game show “Willing Willie” and the talent search “Born to Be a Star.”
“Yet defendant ABS-CBN did not deign to, as it did not, pay the required docket fee. Consequently, the compulsory counterclaims asserted by ABS-CBN should be stricken from the records,” read Revillame’s motion in part.
With ABS-CBN’s failure to pay the docket fees and to execute the proper certificate of non-forum shopping thus resulting in the failure to present a responsive pleading within the reglementary period, Revillame’s counsels said “there is no more legal impediment for him to present his evidence ex parte,” preferably on Sept. 30, 2010 or any other date convenient to the court.
They said the compulsory counterclaims of ABS-CBN are “permissive in nature,” thus the requirement for it to pay docket fees and execute the required certificate of non-forum shopping are jurisdictional in nature and cannot be corrected by mere amendment.
Revillame is set to start two new shows over TV5 next month, the game show Willing Willie and the talent search Born To Be A Star. Anticipation by fans, in the Philippines and abroad, of Revillame’s return has already reached fever-pitch.