Friday, November 21, 2008 [ manilatimes.net ]
By Darwin G. Amojelar Reporter
Telco tiff over Fort Bonifacio heats up
A SUBSIDIARY of Philippine Long Distance Telephone Co. has filed criminal charges against a unit of rival Globe Telecom Inc., its contractor Avecs Corp. and the Fort Bonifacio Development Corp. (FBDC) for malicious mischief and theft.
In a complaint-affidavit submitted to the Department of Justice in Taguig City, Bonifacio Communication Corp. (BCC) accused Innove Communications Inc., Avecs and FBDC of intentionally cutting the company’s lateral ducts and stub out conduits located along 3rd Avenue, eSquare area, Bonifacio Global City (BGC) in Taguig to give way to the rival’s communications facilities.
In a subpoena dated November 11, 2008, the Taguig City Prosecutor’s Office directed Innove, Avecs and FBDC to appear before its investigating prosecutor on December 12.
Ramon R. Isberto, PLDT spokesperson said that BCC was compelled to file this case to avert any further damage to its facilities.
“Our intention is to prevent more untoward incidents that will lead to a further escalation of this dispute,” Isberto said in a statement.
BCC and its parent company PLDT are currently involved in a dispute with Innove and FBDC over exclusivity rights in the BGC.
PLDT’s move to prohibit Globe in the area is based on a memorandum of agreement the country’s largest telecom company entered into with FBDC in 2002.
PLDT bought the entire stake of FBDC in BCC on condition the telco would be the sole provider of basic telecommunications and related value added services in BGC except for the e-Square area.
BCC is 75-percent owned by PLDT with state-run Bases Conversion and Development Authority holding the remaining 25 percent.
“Whatever may be our dispute over exclusivity rights, nothing justifies the willful destruction of property,” Isberto said.
The BCC’s complaint further said that Avecs “intentionally disconnected the conduit of BCC from an unused stub out of the Net 3 building, replaced it with the Innove conduit, and ran Innove’s fiber into the building.”
BCC said the “offenders deliberately caused damage to its property and feigned ignorance of BCC’s facilities.”
This, according to BCC, also constituted theft because the offenders took its lateral ducts and cut them.
In addition, Innove, Avecs and FBDC were accused of violating Presidential Decree 401, as amended by Batas Pambansa 876, since the installation of the telephone facilities were unauthorized by BCC.
“FBDC is undeniably aware of works conducted by Innove and Avecs, “ BCC said, adding that FBDC “grants permits for construction works and the installation of telecommunications and other facilities within the BGC.”
Sought for comment, Caridad Gonzales, Globe legal counse, said the company has yet to receive PLDT’s complaint.
She, however, said that Globe will respond accordingly to its rival’s charges.
