Court of Appeals junks motion to dismiss ‘Willing Willie’ case

MANILA, Philippines—The Court of Appeals upheld its March, 2011 decision dismissing ABS-CBN Broadcasting Corporation’s motion for the dismissal of ABC Development Corporation’s (TV5) petition for certiorari (review), and prohibition in connection with the program Willing Willie which, ABS-CBN claimed, was “confusingly similar” to its former program, “Wowowee.”

Last March 10, 2011, the Appellate Court said ABS-CBN’s motion to dismiss did not hold rule.

The network giant filed the motion insisting that petitioner’s petition had become moot and academic following the denial of the regional trial court of Makati Branch 66 of ABC’s prayer to defer the lower court’s proceedings on the issuance of a temporary restraining order(TRO) on the airing of Willing Willie.

ABC maintained that they had “a clear and unmistakable right to freely broadcast Willing Willie”. It claimed that the assailed proceedings at the trial court “constitute invasion of their freedom of expression, and freedom from prior restraint.”

In a six page resolution, the appeals court’s First Division through Associate Justice Japar Dimaampao said they “are convinced that there is an extreme urgency and imperative need to preserve the status quo of this case.”

The appeals court, in its March, 2011 decision noted that ABC’s petition raised issues of lack of cause of action, forum-shopping, improper venue and splitting a cause of action which it calls “justiciable disputations that we are called upon to deliberate and adjudicate on.”

In its latest ruling, the appeals court added that they could not also ignore the fact that petitioner TV5 could suffer losses if airing of the television show were to be stopped.

“Their contractual obligations to sponsors and advertisers, as well as to Willing Willie’s production crew and staff would certainly be put in jeopardy.,” the appeals court said.