ShareThisMAKATI CITY — Controversial television host Willie Revillame on Tuesday sought the dismissal before the Makati court of the P127-million copyright infringement case filed against him by his former network, ABS-CBN Corp.
Revillame (Wilfredo Revillame in real life), accompanied by his legal counsel Leonard De Vera, appeared before Judge Joselito Villarosa of the Makati Regional Trial Court (RTC) Branch 66 as thousands of cheering fans and supporters gathered outside the Makati City Hall.
De Vera said they filed a motion seeking the dismissal of the ABS-CBN’s lawsuit and its petition for a temporary restraining order (TRO) and preliminary injunction against the airing of Revillame’s new variety game show, “Willing Willie”, at TV5 network.
De Vera pointed out that here is no legal basis for the filing of a copyright infringement suit since the Supreme Court has ruled that the copyright law does not apply to television program format.
“The case should also have been filed at the Quezon City (Regional trial) court, which dismissed ABS-CBN’s previous petitions for TRO,” he added, questioning the Makati RTC’s jurisdiction.
He said all legal questions arising from the former contract of Revillame to ABS-CBN should be discussed before Judge Luisito Cortez, as agreed by both parties.
Revillame refused to talk to the media after the closed-door hearing at Villarosa’s courtroom. He is also accompanied by his co-host, Valenzuela City Councilor Shalani Soledad, several “Willing Willie” dancers, and TV5 network officials.
The Makati court ordered ABS-CBN to comment on Revillame’s motion to dismiss before ruling on the TV network’s petition to stop the airing of “Willing Willie”.
ABS-CBN complained that Revillame, his company Wil Productions, Inc. and TV5 President Ray Espinosa copied the format of “Wowowee”, a noontime show which Revillame hosted from February 5, 2005 to May 5, 2010.
In a 33-page complaint, ABS-CBN claimed that Revillame and his co-defendants unlawfully infringed on ABS-CBN’s copyright over its show, Wowowee, citing section 172.2(l) of the Intellectual Property Code (IP Code).
ABS-CBN, the producer of the defunct TV program, alleged that Revillame’s new show “Willing Willie” on TV5 is so closely similar to Wowowee.
ABS-CBN lawyer Bienvenido Somera Jr. clarified that they are not preventing Revillame from hosting other programs from other networks as long as it does not infringe on the company’s property rights.
“When we present the recordings of both programs in court, it will clearly show why ABS-CBN has to file this case. Revillame left the network, but he brought along ‘Wowowee’, its staff and crew, the format and the game shows. He copied all of it,” Somera said in a interview after the hearing.
“The public should be made to understand that the network spent billions for this program. They have no originality. ABS-CBN is the original creator,” he added.
Among the alleged acts of plagiarism listed in the ABS-CBN’s complaint are: Willing Willie’s opening song and/or dance number led by its host; Wowowee’s “BIGA-TEN” versus Willing Willie’s “Big Time Ka”; Wowowee’s “Willie of Fortune” versus Willing Willie’s “Willtime Bigtime,” the dancers/characters of Wowowee are also appearing in Willing Willie, most notable of whom is April “Congratulations” Gustilo; and the set design, stage, studio viewers’ seats lay-out, lighting and camera angles of Willing Willie are also strikingly similar to Wowowee.
ABS-CBN alleged that TV5’s act of broadcasting of the “infringing work Willing Willie has caused and continues to cause irreparable damage to ABS-CBN.”
WilProductions, Inc., which produces the show, is also liable, ABS-CBN said. Also included as defendant is ABC5 President Ray Espinosa.
Aside from seeking an award of damages in the amount of more than P127 million, ABS-CBN also sought the issuance of a Temporary Restraining Order (TRO) and/or a Writ of Injunction to restrain Revillame, TV5 and their other co-defendants from further producing and airing the show Willing-Willie.