CA stops court hearing on ABS-CBN infringement case vs Willie

The Court of Appeals on Friday stopped the Makati Regional Trial Court Branch 66 from hearing ABS-CBN's copyright infringement suit against TV-5 and host Willie Revillame. In a three-page resolution penned by Associate Justice Franchito Diamante, the appellate court's Fourth Division granted the temporary restraining order (TRO) requested by ABC Development Corporation, owner of TV-5. TV-5 claimed that Makati RTC Branch 66 Presiding Judge Jose Villarosa should be barred from hearing the case because of his alleged bias for ABS-CBN. On Friday, the Court of Appeals said there was an "extreme urgency" to issue a temporary restraining order, effective for 60 days. "In order to preserve the rights of the parties...as well as to prevent the judgment that may be promulgated herein from being rendered ineffectual, we grant the prayer for the issuance of a TRO in light of the clear showing that petitioners applicants will probably suffer grave irreparable damage in the event that [Judge Villarosa] will issue a TRO and/or preliminary injunction in the [infringement case]," said the CA. In granting TV-5's request, the CA also ordered the TV network to pay ABS-CBN a P102.4 million cash bond "to answer for any and all damages which [ABS-CBN] may suffer or sustain" because of the appellate court's issuance of the TRO. ABS-CBN: CA justice should inhibit Last November, ABS-CBN filed a P127-million copyright infringement suit against Revillame, TV-5, and the host's production outfit, WilProductions, Inc. ABS-CBN said TV-5’s show "Willing Willie" infringed on ABS-CBN's copyright over its now defunct "Wowowee" because of striking similarities shared by the two shows. Also, Willie Revillame had hosted both shows although he continues to host “Willing Willie". On December 2, Makati RTC Branch 66 Presiding Judge Villarosa denied TV-5's motion that had sought to defer the trial court's proceedings on ABS-CBN's bid to stop the airing of "Willing Willie". TV-5 saw Villarosa's move as an indication of his alleged bias for ABS-CBN. This prompted TV-5 to ask the CA to stop Villarosa's sala from hearing the copyright infringement case. GMANews.TV is still trying to reach ABS-CBN's Corporate Communications head Bong Osorio for comment. Also on Friday, Osorio issued a statement saying CA Justice Diamante should inhibit from handling TV-5's petition because of his relation by blood to one of the associates in the law firm that represents TV-5. "ABS-CBN said Justice Diamante 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," said ABS-CBN's statement. – MRT/JV, GMANews.TV