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Bonifacio Communications Corp. (BCC), a subsidiary of Philippine Long Distance Telephone Co. (PLDT), has filed a criminal complaint against Innove Communications Inc., its contractor Avecs Corporation and the Fort Bonifacio Development Corporation (FBDC) for malicious mischief and theft.

In a complaint-affidavit submitted to the Department of Justice (DOJ) in Taguig City, BCC accused Innove, Avecs and FBDC of intentionally cutting BCC’s lateral ducts and stub out conduits located along 3rd Avenue, eSquare area, Bonifacio Global City, Taguig City, to give way to Innove’s communications facilities.

In a subpoena dated November 11, 2008, the Taguig City Prosecutor’s Office directed Innove, Avecs and FBDC to appear before its investigating prosecutor on December 12, 2008.

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 to theft because the offenders took BCC’s lateral ducts and illegally cut them, with the clear intention to gain 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 BCC.”

BCC said it sent a letter to Innove on September 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.”

Innove, under Globe Telecom, cannot be reached for comment. - PNA

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