Willie Revillame asks CA to junk ABS-CBN bid vs new show

Television host Willie Revillame on Wednesday asked the Court of Appeals to dismiss ABS-CBN's latest petition to stop the airing of his new show on rival network TV5. In an 11-page opposition, Revillame said ABS-CBN cannot yet run to the Court of Appeals because it has not exhausted all available remedies at the Quezon City Regional Trial Court Branch 84, which denied the network's request for a temporary restraining order (TRO) on the new show, “Willing Willie," which premiered last Saturday, October 23. Revillame said the network should have first filed a motion for reconsideration before the lower court, instead of seeking redress right away from the Court of Appeals. "The filing of the instant petition for certiorari without first moving for reconsideration of the assailed [QC-RTC] order warrants the outright dismissal of the petition. A petition for certiorari before a higher court will not prosper unless the inferior court has been given, through a motion for reconsideration, a chance to correct the errors imputed to it," Revillame said through his lawyers. Revillame also asked the appellate court to hold oral arguments on ABS-CBN's petition on November 3. "The oral arguments would allow the Court to appreciate the true facts and circumstances of the case, and more importantly, of the issues involved. This would also afford the parties to ventilate their respective positions on the matter of the propriety of the issuance or non-issuance of any injunctive relief," the TV host said. New show Revillame used to host ABS-CBN's popular noontime show Wowowee but left last May after a falling out with network bosses and fellow talent, Jobert Sucaldito. A day before the new show's airing, ABS-CBN failed to get a TRO from QC-RTC Branch 84 Presiding Judge Luisito Cortez. "[ABS-CBN] failed to discharge the burden of proving that there exists an urgent need for the issuance of a TRO to prevent great or irreparable injury that it might suffer," said Cortez. Despite this ruling against ABS-CBN, the court still required Revillame to post a P426-million bond. GMANews.TV is still trying to reach ABS-CBN Corporate Communications head Bong Osorio for comment. - KBK, GMANews.TV