Ibinasura ng Supreme Court ang mga kasong inihain ng ABS-CBN laban sa TV host na si Willie Revillame.
Sa dalawampu’t dalawang (22) pahinang desisyong pirmado ni Justice Maria Filomena D. Singh, ibinasura nito ang Petitions for Review na inihain ng ABS-CBN.
Sa parehong desisyon, pansamantala nilang pinayagan ang Petition for Review na inihain ni Willie.
Ang mga nasabing petisyon ay humahamon sa iba’t ibang desisyon ng Court of Appeals (CA) sa masalimuot na palitan ng mga kaso ng bawat panig.
Ayon sa panimulang pahayag ng desisyon:
"Before the Court are three consolidated Petitions separately filed by ABS-CBN Broadcasting Corporation (ABS-CBN) and Willie B. Revillame (Revillame) against each other.
"The first Petition, docketed as G.R. No. 221 781, was filed by ABSCBN, assailing the Decision, dated May 22, 2015, and the Resolution, dated December 2, 2015, of the Court of Appeals (CA) (Former Special 11 th Division) in CA-G.R. SP 122086, which dismissed ABS-CBN's Rule 65 Petition on the ground of mootness.
"The second Petition, docketed as G.R. No. 225095, was also filed by ABS-CBN, assailing the Decision, dated July 26, 2013 , and the Resolution, dated June 13, 2016, of the CA (Special Former 12th Division) in CA-G.R. SP No. 122154, which dismissed ABS-CBN's Rule 65 Petition for failure to show that the Regional Trial Court (RTC) of Quezon City, Branch 21 7 committed grave abuse of discretion in issuing its Amended Order, dated August 22, 2011.
"The third Petition, docketed as G.R. No. 236167, was filed by Revillame assailing the Decision, dated May 30, 2017, and the Resolution, dated November 27, 2017, of the CA (Former Special 7th Division) in CAG.R. CV No. 100369, which ordered the reinstatement of ABS-CBN's compulsory counterclaims in Civil Case No. Q-10-67770, partially reversing the Orders, dated September 7, 2012 and January 23 , 2013, of the RTCQuezon City, Branch 76."
THE FACTS OF THE ISSUE
Sa nasabing desisyon ng Kataas-taasang Hukuman, inilatag dito ang naging ugat ng alitan ng magkabilang kampo.
September 11, 2008, pumirma si Willie ng kontrata sa ABS-CBN para maging host ng noontime show na Wowowee sa loob ng tatlong taon.
Nakasaad sa kontrata na nakatakda itong magtapos ng September 10, 2011 "or upon cancellation or earlier termination of the Program, on the basis of the grounds for pre-termination under Section 8(b) of the Standard Terms and Conditions, except as provided herein, whichever comes first."
Isang taon at kalahati sa kontrata, nagkaroon ng lamat ang relasyong Willie at ABS-CBN.
Sa May 4, 2010 live episode ng show, nakiusap si Willie sa management ng ABS-CBN na tanggalin ang talent nilang si Jobert Sucaldito, na bahagi ng The Buzz at DZMM Teleradyo.
Ayon kay Willie, palaging pinupuna ni Jobert ang Wowowee. Kung hindi raw siya papanigan ng management, magbibitiw siya bilang host ng Wowowee.
Read: Willie Revillame threatens to resign from Wowowee if ABS-CBN does not fire The Buzz segment host
Nagmatigas ang ABS-CBN. Hindi nila pinagbigyan ang kagustuhan ni Willie na tanggalin si Jobert.
Bunsod nito, mula May 5, 2010 ay hindi na sinipot ni Willie ang kanyang noontime show.
Hanggang noong May 24, 2010, hiniling ni Willie na pakawalan na siya ng network mula sa kanyang nalalabing isa't kalahating taong kontrata.
Read: Willie Revillame asks ABS-CBN to release him
Ibinasura ng ABS-CBN ang kahilingang ito ni Willie, at sa halip ay sinuspinde siya ng tatlong buwan na walang makukuhang suweldo.
Noong July 26, 2010, sa pamamagitan ng isang sulat, ipinaalam ng ABS-CBN kay Willie na papalitan na nila ang Wowowee ng ibang programa at inalok siyang mag-host ng one-hour weekly replacement program.
Noong August 9, 2010, sa isang presscon sa Annabel's restaurant, inanunsiyo ni Willie ang kanyang pagtalikod sa kontrata sa ABS-CBN.
Noong August 16, 2010, ipinaalam ng ABS-CBN sa kalabang istasyon nito, ang TV5, na ang pag-rescind ni Willie sa kanyang kontrata sa kanila ay hindi epektibo kaya nakiusap silang huwag bigyan ng programa si Willie sa kanilang istasyon.
Read: FIRST READ ON PEP It's official: Willie Revillame is with TV5
WILLIE AND ABS-CBN FILE CASES AGAINST EACH OTHER
Noong August 23, 2010, inihabla ni Willie ang ABS-CBN na nagnanais na:
(1) to confirm the cancellation, termination, and rescission of their Agreement; and
(2) the payment of moral damages, exemplary damages, attorney's fees, other expenses, and costs of litigation.
The civil action (Rescission and Damages Case) was docketed as Civil Case No. Q-10-67770 (For: Judicial Confirmation of Rescission of Contract with Damages) before the RTC-Quezon City, Branch 84.
Noong September 15, 2010, sinagot ng ABS-CBN ang mga nakasaad sa reklamo ni Willie.
November 10, 2010, nag-file muli ang ABS-CBN ng kanilang “Amended Answer, amending its prayer for liquidated damages in the amount of P707,670,587.84, plus P426,91 7,646.96 for each further violation or for each week of violation of the Agreement."
Noong November 17, 2010, sinagot ni Willie ang amended answer “with a Reply and Answer Ad Cautelam (to Compulsory Counterclaims) with Counter-Counterclaim.”
Samantala, noong October 4, 2010, noong nagkakalinaw nang si Willie ay magtatrabaho sa TV5, na pagmamay-ari ng ABC Development Corporation (ABC Corporation), kaagad naghain ang ABS-CBN ng “Verified Application/Motion for the Issuance of a Temporary Restraining Order (TRO) and/or Writ of Preliminary Injunction.”
Nais ng Kapamilya network na itigil ni Willie ang kanyang planong mag-host ng Willing Willie, na halos kapareho ang format sa nilisan nitong Wowowee sa ABS-CBN.
Read: ABS-CBN asks Q.C. Court to issue TRO against Willie Revillame
Sa isang resolution noong October 22, 2010, nakasaad dito: “RTC-Quezon City, Branch 84 denied ABS-CBN's application for TRO for lack of merit. However, to protect ABS-CBN's interest, the RTC-Quezon City, Branch 84 still ordered Revillame to post a bond in the amount of P426,91 7,646.96 as security for any damage that may be incurred by ABS-CBN.”
Dagdag pa sa desisyon, “ABS-CBN assailed the October 22, 2010 Resolution of the RTC Quezon City, Branch 84 before the CA, but it was later denied in a Decision, dated January 31, 2011.”
Read: ABS-CBN fails to get TRO for Willie Revillame's new TV5 show
Noong October 27, 2010, “Revillame filed his Compliance and posted his Surety Bond, Asia Insurance Philippines (AIPC) Bond No. G(16)- 09314/NSMKT2, with a Joint Declaration. The next day, the RTC approved Revillame's bond.
“However, when ABS-CBN received a copy of the Compliance on November 3, 2010, it noticed that Revillame's signatures looked falsified and were not even remotely similar to his standard signatures found in his correspondence with ABS-CBN and the pleadings filed before the RTC-Quezon City, Branch 84.
“On November 9, 2010, ABS-CBN also filed a Motion for Voluntary Inhibition, which was granted. Pending resolution of its motion, ABS-CBN requested the RTC-Quezon City, Branch 84 for access to the original copy of the AIPC Bond for examination.
“Before acting upon the letter, the Presiding Judge of the RTC-Quezon City, Branch 84 granted ABS-CBN' s motion for his inhibition. The case was later reraffled to RTC-Quezon City, Branch 217.
“Meanwhile, on November 24, 2010, ABS-CBN filed a Complaint for Copyright Infringement against Revillame, ABC Corporation, one Ray Espinosa, and Wil Productions, Inc. before the RTC-Makati, Branch 66, docketed as Civil Case No. 10-1155 (Copyright Infringement Case). Revillame moved to dismiss the complaint on the grounds of improper venue, forum shopping, splitting a cause of action and lack of cause of action.
“On February 4, 2011, ABS-CBN filed a Motion30 (For Examination of AIPC Bond No. G[l6]- 09314/NSMKT2 dated 27 October 2010 and Joint Declaration dated 27 October 2010) (Motion for Examination) before the RTC-Quezon City, Branch 217, to examine the AIPC Bond and determine the authenticity of Revillame's purported signatures therein.
“Revillame opposed on the ground that the motion lacked a notice of hearing and attached an affidavit attesting to the authenticity of his signatures in the AIPC Bond. He added that the examination of the bond and the joint declaration had no relevance or materiality to the main case.”
THE SC’S FINAL DECISION (SUMMARY)
Base sa desisyon ng Supreme Court, pinagtagpi-tagpi nito ang mga desisyon ng RTC at Court of Appeals ukol sa kasong inihabla ng ABS-CBN laban kay Willie and vice versa:
- On August 23, 2010, Revillame filed a civil action before the Quezon City Regional Trial Court (RTC) seeking to cancel, terminate, and rescind his three-year contract with ABS-CBN (Civil Case No. Q-10-67770).
- On September 15, 2010, ABS-CBN filed its Answer with Compulsory Counterclaim, praying for liquidated damages in the amount of over PhP700 million, plus over PhP400 million for each further violation by Revillame, or for each week of violation of their contract.
- A month later, ABS-CBN applied for a Temporary Restraining Order (TRO) and/or Writ of Preliminary Injunction to restrain Revillame from performing with TV5, owned by ABC Development Corporation (ABC Corporation) on a similar show, titled “Willing Willie.” The RTC denied the TRO application but ordered Revillame to post a bond in the amount of PhP426,917,646.96 as security for any damage that may be incurred by ABS-CBN.
- ABS-CBN then proceeded to file a complaint with the Makati RTC for copyright infringement against Revillame, ABC Corporation, Wilproductions, Inc., and one Ray Espinosa. This prompted ABC Corporation and Espinosa to go to the CA to restrain the Makati RTC from proceeding with the copyright infringement case.
- The CA ruled in favor of ABC Corporation and Espinosa, finding that ABS-CBN engaged in forum shopping for filing two suits: (1) its Compulsory Counterclaim in Civil Case No. Q-10-67770 pending before the Quezon City RTC and (2) the Complaint for Copyright Infringement pending before the Makati RTC. The CA found that both cases are based on one cause of action: Revillame’s alleged breach of its contract with ABS-CBN. The Supreme Court would later affirm the CA’s ruling in a separate case (G.R. No. 201664).
- Following the CA’s dismissal of the copyright infringement complaint, ABC Corporation filed a Motion to Dismiss ABS-CBN’s Compulsory Counterclaim in Civil Case No. Q-10-67770. The RTC granted the motion, prompting ABS-CBN to appeal to the CA, which ruled in its favor and reinstated its Compulsory Counterclaim. This was challenged by Revillame in his present petition before the Supreme Court.
- The Supreme Court ruled in favor of Revillame and ordered the dismissal of ABS-CBN’s Compulsory Counterclaim in Civil Case No. Q-10-67770.
- The Court took judicial notice of the Supreme Court First Division’s Decision in G.R. No. 201664 dated October 16, 2019 dismissing ABS-CBN’s copyright infringement complaint on the ground of forum shopping.
- The Court then applied the doctrine of conclusiveness of judgment, which “ordains that issues actually and directly resolved in a former suit cannot again be raised in any future case between the same parties involving a different cause of action.” For the doctrine to apply, the Court held that the following elements must be present: identity in the first and second cases of: (1) the parties; and (2) the subject matter.
Paliwanag pa ng SC (citing its previous ruling in Ley Construction & Development Corp. v. Philippine Commercial and International Bank.), “Conclusiveness of judgment proscribes the relitigation in a second case of a fact or question already settled in a previous case. The second case, however, may still proceed provided that it will no longer touch on the same fact or question adjudged in the first case. Conclusiveness of judgment requires only the identity of issues and parties, but not of causes of action,” said the Court."
- In the present case, the Court held that the doctrine of conclusiveness of judgment applies given the identity in G.R. No. 201664 and the present case as to (1) the parties, ABS-CBN and Revillame, and (2) the subject matter, Revillame’s alleged breach of his contract with ABS-CBN.
- Applying the doctrine of conclusiveness of judgment, the Court ruled that the issue on forum shopping settled by the Court in G.R. No. 201664 is conclusive between ABS-CBN and Revillame in the present case.
Sabi pa ng korte ukol dito, “In both cases, ABS-CBN sought to stop Revillame from performing the work in ‘Willing Willie’ with ABC Corporation on the argument that such work is similar to his work in ‘Wowowee’ with ABS-CBN."
- The Court then proceeded to determine if the forum shopping committed by ABS-CBN was done with malice and intent. Under Section 5, Rule 7 of the Rules of Court, all cases instituted by the guilty party shall be dismissed if there was deliberate and willful forum shopping.
Dagdag pa sa "rationale" ng ruling, “The dismissal of all cases involved in forum shopping is a punitive measure against the deplorable practice of litigants of resorting to different fora to seek similar reliefs, so that their chances of obtaining a favorable judgment is increased. This results in the possibility of different competent tribunals arriving at separate and contradictory decisions. Moreover, it adds to the congestion of the heavily burdened dockets of the courts.”
- In the present case, the Court found that ABS-CBN first applied for a TRO with the Quezon City RTC to prevent the airing of “Wiling Willie” on TV5 on the ground that Revillame was still bound by its contract with ABS-CBN. After the application for TRO was denied, ABS-CBN then went to the Makati RTC to file a copyright infringement complaint on the similar ground of Revillame’s alleged violation of their contract.
Sabi pa sa desisyon, “This clearly shows that ABS-CBN willfully sought the same relief in two different fora, expecting a favorable result after being denied the first time.
Kaya naman ipinag-utos ng korte tungkol sa "ABS-CBN’s Compulsory Counterclaim in Civil Case No. Q-10-67770 be dismissed."
- The Quezon City RTC was thus directed by the Court to continue with Civil Case No. Q-10-67770 without ABS-CBN’s Compulsory Counterclaim.
- The Court also denied the separate petitions filed by ABS-CBN challenging the CA Decisions that ruled on the issue on the examination of the Compliance submitted by Revillame as part of the security bond ordered by the Quezon City RTC in Civil Case No. Q-10-67770. The Court ruled that both petitions have become moot since the trial court had already ordered that the bond be discharged. (Courtesy of the Supreme Court Public Information Office)
THE FINAL JUDGMENT
Sa dulo ng 22-page decision ng Supreme Court, nakasaad dito: "Finally, the issue on judicial courtesy raised by ABS-CBN in G.R. No. 236167 is now also moot in view of the Court's Resolution in G.R. No. 201664. Civil Case No. Q-10-67770 pending before the relevant branch of the RTC-Quezon City should continue to its conclusion.
"WHEREFORE, the Petitions for Review filed by ABS-CBN Broadcasting Corporation in G.R. No. 221781 and G.R. No. 225095 are DISMISSED. The Petition for Review filed by Willie B. Revillame in G.R. No. 236167 is PARTIALLY GRANTED.
"The Decision, dated May 30, 201 7 of the Com1 of Appeals (Fonner Special 7th Division) in CA-G.R. CV No. 100369 is REVERSED insofar only as it reinstated ABS-CBN Broadcasting Corporation's compulsory counterclaims in Civil Case No. Ql 0-67770, which is declared DISMISSED with prejudice.
"SO ORDERED."
Wala pang pahayag ang magkabilang kampo ukol dito.