Court ends telephone war in Subic
By JONAS REYES
SUBIC BAY FREEPORT — The Regional Trial Court (RTC) in Olongapo City ended a telecommunications war in this premier Freeport, denying a motion for reconsideration filed by Subic Telecommunications Co. Inc. (SubicTel) to restrain Innove Communications Inc. from providing domestic and international telecommunications services here.
In a one-page order, RTC Judge Ramon Caguioa stated that the arguments raised by SubicTel were "mere rehash of previous contentions and discussions that have already been passed upon and evaluated" by the court.
The court ruled that SubicTel did not invoke material and substantial matter that would warrant reconsideration.
Moreover, the court noted that SubicTel violated the principle of litis pendentia, a situation in which another action is pending between the same parties for the same cause of action.
SubicTel asked the RTC last May to issue a restraining order against the implementation of the provisional authority (PA) issued in favor of Innove, a wholly owned subsidiary of Globe Telecom.
The PA granted to Innove last Feb. 17 allows the latter to put up and operate telecom facilities in the Freeport zone which has been SubicTel’s exclusive franchise arean since 1994.
The SBMA has been entertaining other applicants after a 10-year lapse of the period given to SubicTel as its exclusive right to provide state-of-the-art telecom facilities in the area.
SubicTel claimed that it has the option to renew the exclusivity privilege but SBMA maintained that such option does not refer to exclusivity of operations but merely prohibits SBMA and any of its affiliates from competing with SubicTel.
SUBIC BAY FREEPORT — The Regional Trial Court (RTC) in Olongapo City ended a telecommunications war in this premier Freeport, denying a motion for reconsideration filed by Subic Telecommunications Co. Inc. (SubicTel) to restrain Innove Communications Inc. from providing domestic and international telecommunications services here.
In a one-page order, RTC Judge Ramon Caguioa stated that the arguments raised by SubicTel were "mere rehash of previous contentions and discussions that have already been passed upon and evaluated" by the court.
The court ruled that SubicTel did not invoke material and substantial matter that would warrant reconsideration.
Moreover, the court noted that SubicTel violated the principle of litis pendentia, a situation in which another action is pending between the same parties for the same cause of action.
SubicTel asked the RTC last May to issue a restraining order against the implementation of the provisional authority (PA) issued in favor of Innove, a wholly owned subsidiary of Globe Telecom.
The PA granted to Innove last Feb. 17 allows the latter to put up and operate telecom facilities in the Freeport zone which has been SubicTel’s exclusive franchise arean since 1994.
The SBMA has been entertaining other applicants after a 10-year lapse of the period given to SubicTel as its exclusive right to provide state-of-the-art telecom facilities in the area.
SubicTel claimed that it has the option to renew the exclusivity privilege but SBMA maintained that such option does not refer to exclusivity of operations but merely prohibits SBMA and any of its affiliates from competing with SubicTel.
Manila Bulletin
posted by OlongapoCity Zambales at
11:43 AM
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