SolGen asks court to junk petition vs telco bidding

The Office of the Solicitor General (OSG) has asked a Manila court to junk the bid of businessman Mel Velarde’s NOW Telecom Co. Inc. to stop the government’s selection of the country’s third telecommunications player.

In its 32-page memorandum filed for the National Telecommunications Commission (NTC) last Oct. 31, Solicitor General Jose Calida asked Manila Regional Trial Court (RTC) Branch 42 to deny the prayer of NOW Telecom for issuance of an injunction order that would stop the bidding process set to officially start tomorrow.

Calida argued that the court cannot restrain or enjoin selection process for a new major player due to the prohibition on lower courts from issuing temporary retraining order or injunction order under Republic Act 8975.

“RA 8975 prohibits the issuance of any injunctive writ to prohibit or refrain, among others, the bidding or awarding of an infrastructure project of the govern- ment. Plaintiff NOW Telecom’s writ of preliminary injunction to restrain the bidding process for the selection of the NMP (new major player) is legally proscribed,” stressed the pleading.

On technical grounds, the solicitor general asked the RTC to dismiss the petition outright due to forum shopping and failure to exhaust administrative remedies.

Calida also told the court that the plea for injunction of NOW Telecom should be considered moot after the firm submitted to the NTC its position that it wants the selection process to proceed as scheduled.

“In an evident change of heart brought about perhaps by its desire not to incur the ire of President Duterte, who spearheaded this important infrastructure project of the government, plaintiff NOW Telecom, during the hearing on its application for a writ of preliminary injunction, manifested that it wants the selection process for the NMP to proceed as planned,” he pointed out.

The solicitor general further argued that the petition was a mere dilatory tactic by a bidder.