Tito Sotto testified in a hearing on Aug. 11 in a case filed by him, Vic Sotto, and Joey de Leon, known as TVJ, and Jeny Ferre against the Television and Production Exponents Inc. (TAPE), which produces the noontime show “Eat Bulaga,” and GMA Network.
The Marikina Regional Trial Court Branch 273 held another hearing on the application for the issuance of writ of preliminary injunction in a copyright infringement and unfair competition case filed by TVJ and Ferre.
Tito Sotto (top) testified in the TVJ-TAPE injunction case hearing on Aug. 11 (Photos from TVJ Official and TAPE Inc. Facebook accounts)
TVJ and Ferre filed the case for “Copyright Infringement and Unfair Competition under R.A. No. 8293, otherwise known as the Intellectual Property Code of the Philippines, with Application for Issuance of a Writ of Preliminary Injunction.”
In filing the case, TVJ and Ferre are asking the court to issue an injunction to stop TAPE from replaying “Eat Bulaga” episodes, segments and audio-visual recordings done before May 31 this year and using the title “Eat Bulaga.”
During the hearing, Sotto was cross examined by lawyers from TAPE and GMA Network.
Sotto was finally able to testify after submitting his judicial affidavit, which was required by the court.
Last July 31, Sotto was presented as the next witness of the complainants but the hearing was canceled as he was unable to submit his judicial affidavit on time.
When he was called to the witness stand, TAPE’s lawyer Maggie Abraham-Garduque and GMA Network’s lawyer Eric Vincent Estoesta objected to Sotto’s presentation, saying that he did not have a judicial affidavit.
The lawyers cited the court’s order dated July 14 telling all parties to submit judicial affidavits of their witnesses for the injunction case three days before July 27. Only the judicial affidavits of De Leon and Ferrer were submitted to the court.
The Marikina court allowed Sotto’s presentation and he was given three days to file his judicial affidavit but he was fined P5,000 for the non-submission of the document on time.
Judicial affidavits replaced witnesses’ direct testimonies in court. The Supreme Court imposed the Judicial Affidavit Rule starting in 2013 after pilot testing “resulted in reducing by about two-thirds the time used for presenting the testimonies of witnesses, thus speeding up the hearing and adjudication of cases.”
TVJ and TAPE are in a legal dispute over the “Eat Bulaga” trademark.
TAPE successfully renewed the trademark registration of the name “Eat Bulaga” for another 10 years.
The Bureau of Trademarks under the Intellectual Property Office of the Philippines (IPOPHL) issued the Certificate of Renewal of Registration for the “Eat Bulaga” and “EB” trademarks and logos.
The new registration certificate showed the date of registration was on June 14, 2013 and was renewed on June 14, 2023. The new registration will last for 10 years and expire on June 14, 2033.
TAPE Lawyer Maggie Abraham-Gardugue earlier said the IPOPHL issued the certificate of renewal of registration for “Eat Bulaga” despite the filing of the petition for cancellation of said trademark by TVJ, the former hosts of “Eat Bulaga,” on June 2 this year with the government agency. TAPE received the certificate of renewal on Aug. 4.
TVJ left “Eat Bulaga” and TAPE on May 31 and started hosting the show “E.A.T.” on TV5 on July 1. “Eat Bulaga” resumed regular programming with new hosts.
The next witness to be presented will be Ferre on Aug. 25.