Court revives ABS-CBN P2.2-B compulsory counterclaim vs Willie Revillame

Not over yet despite the years that have passed.

This is what former ABS-CBN television show host Willie Revillame finds as the Court of Appeals ordered the revival of the P2.2 billion compulsory counterclaims suit of the network in 2010. Revillame was the host of the defunct Wowowee variety show.

The Court of Appeals Special Seventh Division issued a 23-page ruling penned by Associaite Justice Zenaida Galapate-Laguilles that Quezon City Regional Trial Court Branch 76 erred in dismissing the media network’s counter damage suit on the ground of forum shopping.

The CA said the trial court erred when it dismissed the coumpulsory counterclaims for the reason of expiration of the agreement.

ABS-CBN is seeking compulsory counterclaim for liquidated damage of P1.7 billion as of November 2010 plus a sepcified amount for each week that he continues violating the contract; P20 million in moral damages, P20 million for exemplary damages, and another P20 million in attorney’s fees and litigation expenses.

The appellate court gave weight to the argument of ABS-CBN that the trial court should not have dismissed its compulsory counterclaims on the basis of forum shopping considering that the issue is still being determined by the Supreme Court.

The CA also agreed with the television network that it is not barred from suing a breach of contract just because the agreement have ceased to take effect on Sept. 10, 2011.

It must be recalled that Revillame in 2010 filed an P11-million damage suit against ABS, asking the court to make a judicial confirmation of the end of his contract.

But the media company slapped him with compulsory counter-claim for allegedly reneging on his contract set to expire in 2011.


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