ShareThisControversial television host Willie Revillame has won another round against his former home studio ABS-CBN.
This time, the Court of Appeals denied a petition of the network for a temporary restraining order (TRO) stopping his new show, “Willing Willie,” over TV5.
ABS-CBN’s petition sought to ban Willie from appearing in shows outside of the giant network.
The CA ruling ensures the continued airing of Revillame’s “Willing Willie” show.
The appellate court’s decision was promulgated last November 18, but was made available to media only last Sunday.
ABS-CBN asked the CA to reverse the ruling by Judge Luisito Cortez of the Quezon City Regional Trial Court, Branch 84, refusing the issuance of a TRO that could have stopped TV5 from airing “Willing Willie” last month.
ABS-CBN earlier filed a P486-million counterclaim damage suit against Revillame. The amount represents the alleged liquidated damages caused by the TV host for breaching his contract with his former network.
Earlier, Revillame filed a complaint for confirmation of rescission of contract with damages against ABS-CBN. The case is also pending before the sala of Judge Cortez.
The appellate court said it found “injudicious” ABS-CBN’s petition for TRO because its issuance “would indubitably preempt the disposition” of its main petition for certiorari based on merit.
The resolution was written by Associate Justice Priscilla Baltazar Padilla and concurred in by Associate Justices Fernanda Lampas Peralta and Manuel M. Barrios of the CA’s Special 14th Division.
The CA held that granting a TRO would leave it with “nothing to determine” in respect to the main petition because ABS-CBN’s TRO prayer was premised on the same arguments and allegations it raised to support its certiorari petition.
Citing the Supreme Court, the CA said: “As a rule, courts should avoid issuing a writ of preliminary injunction (or TRO) which would in effect dispose of the main case without trial. This rule is intended to preclude a prejudgment of the main case and a reversal of the rule of the burden of proof since by issuing the injunctive writ, the court would assume the proposition that petitioners are inceptively duty bound to prove.”
The CA said it considers ABS-CBN’s petition for certiorari already submitted for resolution upon receipt of the network’s reply to Revillame’s comment.