PLDT unit files theft complaint against Innove

Bonifacio Communications Corp. (BCC), a subsidiary of Philippine Long Distance Telephone Co. (PLDT), has filed a criminal complaint against Globe Telecom subsidiary Innove Communications, 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, BCC accused Innove, Avecs and FBDC of intentionally cutting BCC’s lateral ducts and stub out conduits located along 3rd Ave., eSquare area, Bonifacio Global City, Taguig City, to give way to Innove’s communications facilities.

Asked to comment, Globe corporate and regulatory affairs head Caridad Gonzales said they have not received a copy of the complaint, although she pointed out that the conduits have already been restored and that there was no malice on the part of Innove’s contractor.

This is the fourth case filed in connection with the incident. Innove first filed with the National Telecommunications Commission (NTC) a complaint against PLDT, BCC, and FBDC for the latter’s refusal to allow Innove to operate inside the BGC. NTC issued a cease and desist order against the respondents in effect directing them to allow Innove to offer its services inside the area.

PLDT, BCC and FBDC have asked the NTC to reconsider the CDO. The motion for reconsideration is still pending.

The three meanwhile went to the Quezon City Regional Trial Court asking the latter to declare an NTC circular that classified BGC as a free zone as null and void and unconstitutional. The RTC dismissed the complaint.

Meanwhile, another case is pending in Taguig against FBDC. PLDT and BCC sued FBDC for breach of contract with respect to two agreements that gave in effect PLDT the exclusive right to operate inside the Global City.

In a subpoena dated Nov. 11, 2008, the Taguig City Prosecutor’s Office directed Innove, Avecs and FBDC to appear before its investigating prosecutor on Dec. 12, 2008 with respect to the malicious mischief and theft complaint.

PLDT spokesperson Ramon R. Isberto said BCC was compelled to file this case to avert any further damage to BCC’s facilities.

“Our intention is to prevent more untoward incidents that will lead to a further escalation of this dispute,” Isberto said.

BCC and its parent company PLDT are currently involved in a dispute with Innove and FBDC over exclusivity rights that BCC and PLDT currently have with respect to providing telecommunications infrastructure and services within the Bonifacio Global City.

“Whatever may be our dispute over exclusivity rights, nothing justifies the willful destruction of property,” Isberto added.

In its complaint, BCC said 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 BCC’s lateral ducts and illegally cut them, with the clear intention to profit from the insertion of Innove’s fiber cables to access the building and its potential customers.

In addition, Innove, Avecs and FBDC were accused of violating PD 401, as amended by BP 876, since the installation of the telephone facilities were unauthorized by BCC.

According to BCC, “FBDC is undeniably aware of works conducted by Innove and Avecs” since it is FBDC that “grants permits for construction works and the installation of telecommunications and other facilities within the BGC.”

BCC said it sent a letter to Innove on Sept. 1, 2008, demanding the “restoration of the BCC duct runs and for Innove to immediately cease and desist from using BCC stub out conduits in the area.”

“To date, Innove has failed and continues to fail to restore BCC’s communications infrastructure facilities, a portion of which was intentionally severed and condemned while another portion illegally appropriated by Innove, Avecs and their agents.”