Ayala-led Globe Telecom has filed an urgent motion for the immediate consolidation of its petition with that of Philippine Long Distance Telephone Co. (PLDT) over the multibillion-peso co-purchase of San Miguel Corp. (SMC)’s unutilized frequencies.
To recall, the country’s telecom duopoly PLDT and Globe on July 12 separately filed Petition for Certiorari, Prohibition and Mandamus with an application for a Temporary Restraining Order against the PCC to preserve the P69.1-billion buyout deal of SMC’s telecommunication assets.
Both Globe and PLDT maintaining the PCC cannot withhold and block the transaction out of a process not found in their own rules, and not disclosed to the public.
“The similarity of the issues and factual antecedents presented in petitioned filed separately by Globe and PLDT is immediately apparent,” said Globe General Counsel Froilan Castelo.
Globe pointed out that both cases stemmed from PCC’s insistence that the two telco operators’ acquisition of the telecommunication assets of San Miguel “is not deemed approved.”
The motion was filed before the Court of Appeals 6th Division.
“Jurisprudence has declared that the consolidation of cases results in the simplification of proceedings, contributes to the swift dispensation of justice, and the avoidance of the possibility of conflicting decisions being rendered by the courts in two or more cases which would otherwise require a single judgment,” Castelo said.
Globe maintains its position that the joint buyout transaction is “deemed approved” and within the bounds of law, adding that PCC’s claims of company’s refusal to cooperate has no basis.
“The filing of the petition at the Court of Appeals was a necessary legal action to uphold our position against the view of the PCC, which contradicts its own rules by claiming non-compliance. We reiterate the fact that we are just at the beginning of the legal proceedings,” he said.
Castelo said that the company will continue to move forward with this transaction, which is a response to the consumers’ demand for additional mobile internet capacity and greater geographic coverage.
“We remain committed to the continuous improvement of our network and of our quality of service, and call for much-needed support from government to achieve this purpose,” he said.