The Philippine Competition Commission (PCC) has asked the Court of Appeals (CA) to uphold its decision denying the writ of preliminary injunction prayed for by Globe Telecom to stop the commission from reviewing the P70-billion buyout deal involving Globe, PLDT and San Miguel Corp.
In a comment to an omnibus motion filed by Globe on August 10 before the CA’s 12th Division, the PCC, through the Office of the Solicitor General, said the omnibus motion is an “ill-disguised” motion for reconsideration that has already been filed out of time.
The PCC added in its comment that the omnibus motion is another attempt at forum shopping by Globe Telecom to resuscitate its bid to obtain a preliminary injunction against the PCC, similar to what was earlier granted to PLDT by the CA’s 12th Division.
The comment of the PCC to the omnibus motion was filed on October 11 with the CA’s 6th Divition, as the PCC considers that division as still having the jurisdiction over the petition filed originally by Globe, but has since been consolidated with the petition filed by PLDT, and now pending before the 12th Division.
In its comment, the PCC said the omnibus motion should be dismissed as another attempt by Globe Telecom to obtain a preliminary injunction after such prayer for a preliminary injunction had already been denied by the CA’s 6th Division in a decision dated July 15, 2016.
However, upon motion by Globe Telecom before the same division, the CA consolidated on July 25 the petition filed by Globe with the petition filed by PLDT, which is pending before the 12th Division. The 12th Division, in a ruling released on August 30, after the consolidation of the two cases, granted PLDT’s prayer for a writ of preliminary injunction to stop PCC from reviewing the landmark deal pending the resolution of the case
The PCC said the omnibus motion filed by Globe Telecom is an “ill-disguised” attempt to file a motion for reconsideration on the denial of its prayer for a writ of preliminary injunction, and the “malicious” filing of such motion before the 12th Division of the CA is yet another attempt at forum shopping, since the 6th Division still has jurisdiction over the petition filed by Globe despite the consolidation of the two cases.
The PCC said that, since it has moved to reconsider the consolidation of the two cases, the 6th Division still has jurisdiction over the petition filed by Globe until the issue of the propriety of the consolidation of the two cases is finally decided by the courts.
The PCC also reiterated its earlier argument that the P70-billion consummated buy-out by Globe and PLDT of the telecommunications subsidiaries of San Miguel is void by virtue of a defective notification filed by the parties concerned. The PCC noted that despite three letters requiring the parties concerned to provide the key terms of the transaction, none of the three parties have complied to date.
“The logical consequence of the subject acquisition being declared void is that it is considered to be of no force and effect from the very beginning. It is as if it has never been entered into and it cannot be validated either by the passage of time or by ratification. The parties, therefore, must not only cease and desist from further implementing the void transaction, but more importantly, they must undo all acts consummated pursuant thereto and bring the situation back to its status prior to the execution of the subject acquisition,” the PCC’s new comment said.