This is my arduous fight against PLDT-Smart, and the challenges I faced lodging my complaint to the government agencies concerned from the start and in the midst of the ongoing Covid-19 Pandemic.

This is to contribute to the Filipino brothers who are faced with the challenges fighting, some may already be at the their wit's end, in handling their complaints against Telecoms with similar situations. So, they may avoid going to a full blown mediation and be at ease on how to lodge a complaint and manage their time as some complaints required to be lodged at the different government agencies with different rules and policies, and locations.

These posts will give them a bird's eye view of the rigorous process if they will still delay their complaint, from identifying the problem, reporting and recording of facts and gathering of evidences, communicating directly to the managers, proceeding to the branches to file formal complaints and ensuring proper receipt and report numbers are provided and found on the Telcos' systems, dispute follow-ups, lodging of complaint at the proper and concerned agencies, retrieval and explanation of violations via memorandum circulars and laws, notarizing affidavits and verification, attending mediation and administrative cases, and the Pandemic protocol for a one stop shop inquiry and requests for the convenience primarily of the complainant.

(As of the moment, I would like to ask PLDT to tweet if their official twitter account function generally without human intervention and only depends on the tweet it received to provide tweet automated response. A PLDT lawyer already confided with me on this that's why I do not rely on PLDT tweet response anymore, unless of course if they are selective on whom to reply with human intervention.)

I sent a follow up a few minutes ago to the following, whose names are found online as well:

***

----- Forwarded Message -----

From: Elman < elman@yahoo.com>

To: FTEB - Mediation <ftebmediation@dti.gov.ph>; Catherine A. Padon <catherinepadon@dti.gov.ph>; Presidential Complaint Center (PCC) <pcc@malacanang.gov.ph>; fteb_adjudication@dti.gov.ph <fteb_adjudication@dti.gov.ph>; josephmanuelpamittan@dti.gov.ph <josephmanuelpamittan@dti.gov.ph>; Legal <legal@ntc.gov.ph>; NTC Commissioner <commissioner@ntc.gov.ph>; depcom1@ntc.gov.ph <depcom1@ntc.gov.ph>; depcom2@ntc.gov.ph <depcom2@ntc.gov.ph>; Cwpd Feedback <cwpd_feedback@ntc.gov.ph>; Complaints NPC <complaints@privacy.gov.ph>; Gregorio Honasan <gregorio.honasan@dict.gov.ph>; NTC Consumer <consumer@ntc.gov.ph>; emmapanopio@dti.gov.ph <emmapanopio@dti.gov.ph>; genarojacob@dti.gov.ph <genarojacob@dti.gov.ph>; geraldcalderon@dti.gov.ph <geraldcalderon@dti.gov.ph>; gerardomaglalang@dti.gov.ph <gerardomaglalang@dti.gov.ph>; cwpd@ntc.gov.ph <cwpd@ntc.gov.ph>; secretary@dti.gov.ph <secretary@dti.gov.ph>; ronnelabrenica@dti.gov.ph <ronnelabrenica@dti.gov.ph>; rosilaegmilan@dti.gov.ph <rosilaegmilan@dti.gov.ph>; rositajaleco@dti.gov.ph <rositajaleco@dti.gov.ph>; consumercare@dti.gov.ph <consumercare@dti.gov.ph>; dpo@privacy.gov.ph <dpo@privacy.gov.ph>

Sent: Saturday, September 19, 2020, 01:33:41 PM GMT+8

Subject: Re: CustomerComplaint_ vs. pldt (HOME05:3188805) vs. pldt - SMART (NTC Admin Case NO. 2019-066 Fw: Latest Mr. Elman / Home Bro 0729018546 (HOME05:809138) [ ref:_00D7FzntY._5007FCOyqV:ref ] Formal Complaint vs PLDT - Smart Follow-Up

Follow-up, please!

On Saturday, August 8, 2020, 05:08:14 AM GMT+8, Elman < elman@yahoo.com> wrote:

On Saturday, August 8, 2020, 05:03:57 AM GMT+8, Elman < elman@yahoo.com> wrote:

Follow-up, please!

----- Forwarded Message -----

From: Complaints NPC <complaints@privacy.gov.ph>

To: Elman < elman@yahoo.com>

Sent: Wednesday, August 5, 2020, 12:42:15 AM GMT+8

Hi,

Thank you for your email.

If you feel that your personal information has been misused, maliciously disclosed, or improperly disposed, or that any of your data privacy rights have been violated, you are advised to avail your right to file a formal complaint with NPC through the following options:

a. Personally, submit your notarized complaint affidavit or notarized NPC complaint-assisted form to:

COMPLAINTS AND INVESTIGATION DIVISION

NATIONAL PRIVACY COMMISSION

5th Floor East Banquet Hall, Delegation Building

PICC Complex, Roxas Blvd., Pasay City, Metro Manila

b. Submit your notarized complaint affidavit or notarized NPC complaint-assisted form in scanned PDF format via email at complaints@privacy.gov.ph with email subject: NOTARIZED COMPLAINT-(your family name).

c. Walk-in to our office for assistance in filing your formal complaint or with handheld and filled-out NPC complaint-assisted form for notary.

The NPC complaints-assisted form is available in our website privacy.gov.ph or this link https://www.privacy.gov.ph/complaints-assisted/.

Kindly fill out one NPC complaint-assisted form for one lending company.

We understand that you may have evidence that would support your case such as affidavits of witnesses, text messages, screenshots and others. Help us efficiently assess your case by providing us copies of such evidence.

For additional queries regarding filing a formal complaint, you may email complaints@privacy.gov.ph or call 234-2228 loc 114.

In case a formal complaint was already submitted, kindly reply with your full name and the name of the person or entity you are complaining of.

Warm regards,

Complaints and Investigation Division

On Sunday, August 2, 2020, 02:57:25 PM GMT+8, Elman < elman@yahoo.com> wrote:

Follow-up, please!

On Thursday, July 30, 2020, 07:19:14 PM GMT+8, Elman < elman@yahoo.com> wrote:

Follow-up, please! Additional Documents on this, and on previous email trails, were attached with edited previous email highlighting suggestions on Ease of Doing business during this Pandemic moving forward.

On Wednesday, July 29, 2020, 07:59:48 PM GMT+8, Elman < elman@yahoo.com> wrote:

29 July 2020

Atty. Joseph Manuel P. Pamittan
Chief Adjudication Division
Phone: (+632) 8811.8234
Email: fteb_adjudication@dti.gov.ph

JosephManuelPamittan@dti.gov.ph

Dear Atty. Pamittan, et. Al,

Good Day!

I would like to seek your kind assistance to include my complaint to the process your good office will take on this Pandemic. Due to the Covid-19, I am among those movement and financially restricted and subjected by your current complicated procedure to produce a notarized complaint and position paper. How do we go about this? On the recent SONA, President Duterte has reiterated for Telcos to shape up their services until December 2020 or they're a goner. With these, during the mediation this morning, Smart Communications, Inc., was a no show. Whilst PLDT Special Accounts Management (SAM) Head, Ms. Michelle Santos and Ms. Mariz Posadas have only reiterated contents of replies they emailed solely to DTI, referring yours truly and Atty. Catherine Padon to the NTC Admin Case 2019-066, but failed to update us why Atty. Kevin Pangan, their PLDT counsel, and even themselves have not sent me the following directives by Atty. Rebecca Millena:

"I have not received the soft copies of SOA zero outstanding balance; Certification of onerous terminated and erroneous migration to Unlimited Ultera subscriptions from Unlimited WiMAX; and formal Letter of Apology. You (Atty. Millena) had ordered him (Atty. Pangan c/o Atty. Lopez) to send this to me last 6th Hearing, February 27, 2020 within 10 days with my demand to full refund worth PhP 80,000.00, but to no avail. Please see attached MOM."

With all due respect, may I reiterate I was not contacted by PLDT - Smart neither sent me the or complied to the repeated orders of Atty. Rebecca G. Millena last 6th hearing February 27, 2020 until the last office hours President Duterte announced the GCQ! She directed and gave them 10 days to comply. But to add to inconvenience, I will receive by June 9, 2020 a mail dated March 13, 2020 stating their request to postpone the hearing with no mention of the following promise to deliver since December 11, 2019. Now these same SAMs (excluding Ms. Weleen) sat in the presence of Atty. Padon unprepared, pointing fingers to these PLDT counsels, when they supposedly updating what happened to the orders of Atty. Millena! That was disrespectful to DTI as well to NTC, at least in my observation and opinion.

How is Atty. Kevin Pangan related to Mr. Ben B. Pangan, Head of Smart Customer Service Hotline, boss of Ms. Reliza, Senior Manager of Special Handling team, who handled my WiMAX Unlimited Internet, counterparts of Special Accounts Managers (SAM), Smart SAM Ms. Weleen and Ms. Althea, PLDT SAMs Ms. Mariz and Ms. Michelle under Mr. Ben's counterpart, Ms. Maria Cecilia Abad who signed my amiss Ultera daily capped internet to amiss monthly capped with booster offer but no mention of throtlling specific speeds. Who are these counterparts Customer Experience Mgrs. Mr. Rogelio Gusilatar, Ms. Mina Lopez and Lenny Lopez, Client Mgrs. Ms. Rachel Ching Onza and Ms. May Munar who appeared to be profiling and sabotaging instructions from my wireless account to I declined DSL wired internet product with their Titanium Team by February 14, 2018 despite FYA approved 2nd orders by Mr Irwin de Guzman, PLDT Marketing Mgr, as relayed by Mr. Leonardo Lee, PLDT Products and Services last February 7, 2018, similarly bypassing approvals of Ms. Sablan and Ms. Abad, and Sagip Team Head, Joe Miem? Mgrs. Ms. Joe Miem gave instructions to correct my internet subscription but these Mgrs never updated each of their records to comply with SOP service report numbers and update the subscriber and his CPS account history, to wit: Hotlines Mgrs. Mr. Glenn Deciar, Ms. Jane Morales, Ms. Anabelle Ordoña, and Brian Toledo; Mr. Val Fule and Ms. Reylinda Geluz, Ms. Anna Fernando and Mr. Paolo Lopez Mgrs., Head, and VP of PLDT SSC Imus/Laguna Branch, respectively; Ms. Lea Espiritu of SM Bacoor Branch and Ms. Daisy Patag of PLDT-Smart Convergence Makati, PLDT Social Media Mgr. Mr. Ederic Eder knew my instructions and have access to the incident/email trails prepared by Mr. Deciar, before he was transferred from Ultera to DSL and no longer connected by March 2018 per the Ultera Hotline supervisors. After Ms. Reylinda Geluz saw the PLDT HOME website, she thanked me last December 21, 2018, instead of pro-actively amending my internet to Ultera unlimited volume wireless with 2 Mbps speed, since broadband cannot be lower than that according to NTC Memorandum Circular No. 07-08-2015 A. Definitions 1., they deleted that PLDTHOME Ultera support page and shown me an email decision of their client, Ms. Rachel Onza dated May 28, 2018, which they claimed last October 2018 irretrievable forever due to DOLE's order closure or prohibiting access by PLDT (their email suffix addresses where changed too) to the CSP account history and or data of subscribers during the PLDT Labor disputes since July 2018, according to the three (3) supervisors who refused to facilitate follow ups on the approved said FYAs, including full refund for these reasons!

I also had addressed my complaint emails to the offices of Mr. Manuel V. Pangilinan, Atty. Ma. Lourdes Rausa-Chan, Mr. Shigeki Hayashi, former Director of the Board of PLDT Tel. Inc., succeeded by Ms. Aurora Cruz Ignacio, Atty. Juan Alfonso Suarez, that did not change the sense of urgency and equity in the correction and activation to Ultera Unlimited Internet Special Project from a simple CANOPY or WiMAX current subscription as the sole parameter! Aside from my Consumer Rights against Fraudulent and Misleading Advertisements of products and services, Data Privacy Law and those I mentioned on the below email trails and my NTC Legal Branch Complaint Affidavit, the other pertinents violations of PLDT and Smart Communications Inc., such as but not limited to NTC Memorandum Circulars Nos. 07-07-2011 for advertisements, flyers, brochures and service agreements and SLAs (on my Dec 10, 2017 cut-off SOA additional page, Ms. Ma. Cecilia H. Abad, now VP, former PLDT Tel. Inc. Board of Director Deputy Data Privacy Officer, did not mention changes in speed to slowdown while selling boosters against unlimited volume!) specification of speeds pursuant to RA 7925, Executive Order (EO) No. 546 series of 1979, rules promulgated by NTC No. 1; and NTC Memo Circular No. 07-08-2015 at least 256 kbps speed!

Not even reaching the office of SM Supermalls, Mr. Steven Tan and email reply of Atty. Josefina Remollo can change the resolve of whoever was responsible for terminating my internet subscription while it was under complaint and dispute handling, neither these deter submission to their two (2) Collections Agencies, ADMEREX Solutions and Atty. Arquillo Law Offices for last payment on Oct 2018 despite two (2) monthly service fees rebates I can claim worth P1998.00 approved by Ms. Althea last October 2017 to satisfy uo to their advance billing!. The last they brought to the table instead of Atty. Millena's directives, was a Quit Claim and Waiver they wanted me to sign, stating the merits of the case were discussed, yet they hadn't submitted as respondent position papers neither a reply to my complaint affidavit, for almost one (1) year! So, whose teeth will make them correct and compensate the complainant, Sir? They were offering a cellphone which they should have provided when they decommissioned my Canopy and WiMAX subscription if they were planning to interpret their resolution to a new connect, but this scheme is obvious, hoping DTI can see that by this action, the decision flow of their SAMs and legal department are flawed. Take note of the Taxes concerned in the Congressional Hearing on ABS-CBN franchise renewal and new application!

So, these Telcos seemed unlikely to reconsider their continued negligence to their subscribers which subscription they terminated after their neglect and disregarding Management Approvals to compensate them for wrong service and continuous refusal to correct their inept service. I hope DTI, DICT, NTC, and NPC with DOJ are ready to consolidate existing notarized complaint affidavit submitted to any of them, not each one asking for their own copies with the letter head of their corresponding honorable office. For example, I already subjected myself to the rules of NTC CWPD and NTC Legal Branch, why then their procedures must be duplicated by DTI Adjudication and the rest of agencies I mentioned for one complaint of varied issues which instead of handling as one, they suffer the complainant as though requiring to divide his body and throw them to your own offices? How? I need to produce at least 5 Complaint Affidavits and submit and attend mediations, later on hearings on Quezon City, Manila, Makati, and what not with the prescriptions each to the inconvenience of the complainant which these Telcos have been taking advantage of even before President Duterte's term! Explaining this further is defeating the purpose which you claimed on the JAO - Joint DTI-DICT-NTC-NPC-DOJ Administrative Order No. 18-01 Series of 2018, it didn't improve your service, rather, with all due respect the current Pandemic forced you to improve on mediation level. But those who reached adjudication and administrative hearing found you wanting, unprepared and horribly — blatantly by the President himself! So, please consider my NTC Legal Branch Administrative Case No. 2019-066 notarized Complaint Affidavit as sufficient document to adjudicate the same cause of action already lodged. [My solicited suggestion to JAO Agencies, if you consolidate the information you require on just one (1) Complaint form, position paper, and verification, it will be convenient to the complainant! DTI requires two almost similar complaint forms as well as NTC until the complaint is certified by Mediation officer and still to be submitted to the Adjudication by complainant with similar Complaint Form to be notarized? Why don't you make a streamlined, seamless, one-stop-shop Complaint Form, with JAO Agencies consolidated logos or letterhead, for e.g., on page one over the personal information, company responded information, product information, Documents Presented; then on next pages for NTC, DTI, NPC, DICT and DOJ respectively; then next page are signature and verification affidavit? After this one-stop-shop form is filled-in, complainant shall have it notarized and let the JAO Agencies computer system sort/consolidate/distribute if not alarm the concerned departments accordingly with received and actions and or recommendations and schedule until the respondents prepare their own position papers or replies!] I am among the citizens whose weapon is hope and faith with President Duterte and his administration mandated Ease of Doing Business and Efficient Government Service Delivery Act of 2018. Let not vicious companies trample on that, especially do not let them use your office and JAO to disregard our rights.

Is it alright if I give you PLDT counsel's, Atty. Juan Antonio (Jay) R. Lopez, cellphone number, so he could urgently relay this to Atty. Kevin Averell A. Pangan whom he advised to have replaced him last February 22, 2020 but was in their Dumaguete call center agency to investigate, despite all emails or communication are being stored and kept at their Manila/Makati Hub and portals, CSP with report numbers and recorded conversations retrieval accessible even by their Sales and Service Centers around the country, Smart Prepaid Buddy Hotline *888, PLDT DSL and Products Hotline *171 on a cellphone with Smart Network? I even sent emails addressed to Mr. PAOLO LOPEZ, PLDT HOME Customer Care and Vice President, et. al. And I had exhausted all efforts to communicate my Data Privacy Complaint which are all manifested on this email with all due respect and your kind indulgence please use the search button with your astute perusal! I also informed all of you that Atty. Millena said I have to file or lodge a separate complaint at DTI for the Fraudulent Advertisement and she will not handle it during the Legal Branch Admin Hearing after I called DTI FTEB Mediation and relayed this to Atty. Padon. Please secure our voice recorded Admin Hearing with her Stenographer/Secretary/Clerk of NTC Legal Branch, Ms. Jhing.

I repeatedly relayed to you on this email trail Atty. Millena claimed as well that DTI is responsible to handle fraudulent advertisement, regardless that I relayed to her your advice that whoever started the complaint must handle it.

With all due respect, may I also request for your confirmation if Ms. Jhing and or Mr. John communicated with you and forwarded copies of your required related documents. If not may I again request and direct you to the office of Atty. Ella Blanca B. Lopez of the NTC Legal Department for the Complaint Affidavit and email trails; and to Atty. Maria Xandralyn Molina of NTC CWPD for the complaint form and email trails assuming Senator Grace Poe is asking for your reports on pending and acknowledged complaints from subscribers, including against PLDT-Smart. With your Office's kind indulgence, based on JAO by DOJ, please be considerate that your requirements can be addressed by the documents, including emails (CC'ed to DICT, NPC, and DTI, photocopies, screenshots, all in the possession of the honorable NTC from December 11, 2018 to present, from the mediation of Atty. Molina of NTC CWPD; to the administrative hearing of Atty. Lopez and Atty. Millena (with recorded conversations) of the NTC Legal Department, and the office of the NTC Commissioner, as well as the Secretariat. Please consider the Pandemic situation if you will require me another Complaint Affidavit — I almost suffered infection from the last Administrative Hearing and again, I am currently financially and movement restricted too.

To avoid belaboring us further, please coordinate with NTC and kindly advise me via SMS text after you sent me any emails, I will respond accordingly depending as well with the COVID 19 development.

Thank you.

Dear Atty. Padon,

Please provide documents and update Atty. Pamittan of our Mediation and I trust he is aware of the case as CC'ed since February 27, 2020.

Dear Ms. Jhing and Mr. John,

Again, for the nth follow up, please provide and coordinate with FTEB and concerned DTI offices pertinent documents copies they required from me, and a copy of my complaint affidavit sent to you by the Secretariat. Please call me if you have questions and or once you’re done.

Mr. John, thank you for you accommodation last time at the Office of the NTC Commissioner to retrieve a copy of my emails and forwarding it to CWPD.

Again, thank you.

***Please do not break the loop/thread because there are older conversations here which have been deleted. I am unsure who did it.***

I pray for our safety and God’s mercy. God bless.

Thank you.

Yours truly

Mr. Elman

Mob.: 0918XXXXX88

Ultera 998XXXX888 (Migrated from Canopy and WiMAX consecutively)

----- Forwarded Message -----

From: FTEB - Mediation <ftebmediation@dti.gov.ph>

To: Elman < elman@yahoo.com>

Sent: Wednesday, July 29, 2020, 03:11:38 PM GMT+8

Subject: CERTIFICATE TO FILE ACTION-ELMAN VS. SMART AND PLDT

Dear Mr. Elman,

Thank you for attending the Mediation this morning. However, for failure to reach an amicable settlement after the virtual conference conducted, mediation is hereby terminated and the issuance of Certificate To File Action pursuant to Department Administrative Order No. 20-02 series of 2020 (DAO No. 20-02) is in order.

Relatively, under DAO No. 20-02, the prescriptive period within which to file the complaint, as provided under Rule Viii of DAO 7 s of 2006[1], shall resume to run if no formal complaint is subsequently filed within ten (10) working days following the service of the CFA to the complainant.

As regards to Adjudication proceeding, for better understanding of the process please see attached information on Filing Advisory on Filing Consumer Complaints. if you have any questions or concerns regarding this matter, or if you need further clarification on any issues, you may contact the Adjudication Division of the DTI through the Office of:

Atty. Joseph Manuel P. Pamittan

Chief Adjudication Division

Phone: (+632) 8811.8234

Email: fteb_adjudication@dti.gov.ph

JosephManuelPamittan@dti.gov.ph

For your information and guidance.

Thank you very much and keep safe.

[1] Section 1. Prescription of Actions Under the Consumer Act. – Any complaint of a consumer (as defined under Section 1 (a), Rule II of this Order), for violation of the Consumer Act, shall be filed within two (2) years from the time the consumer transaction was consummated, or the deceptive or unfair and unconscionable act or practice was committed, or in case of hidden defects, from the date of discovery thereof. After the said period, the filing thereof shall be barred.

Mediation Division
Fair Trade Enforcement Bureau3/F UPRC  (FTEB) Bldg.,
315 Sen. Gil Puyat Ave., Makati City
(between BIR Makati and PAG-IBIG Fund)
Tel. No. (+632) 7975-7965
Cell. No. 0917-6592658

Please take a moment to click the link and answer our Customer Satisfaction Feedback form to help us improve our service: http://www.tinyurl.com/FTEBCSFForm

The information in this transmission may be confidential and/or protected by legal professional privilege, and is intended only for the person or persons to whom it is addressed.  If you are not such a person, you are warned that any disclosure, copying or dissemination of the information is unauthorized.  If you have received the transmission in error, please immediately contact the Department of Trade and Industry - Fair Trade Enforcement Bureau by telephone, fax or email, to inform the office of the error and to enable arrangements to be made for the destruction of the transmission, or its return at our cost.  No liability is accepted for any unauthorized use of the information contained in this transmission.  E-mail transmission cannot be guaranteed to be secure or error-free. Neither the sender nor the DTI accepts liability for any errors or omissions in the contents or transmission of this email.

Connect with us
on your favorite social networks

DISCLAIMER: This email is confidential and/or privileged. If you are not the intended recipient, please delete immediately; do not use it for any purpose, nor disclose its contents to anyone. Views and opinions expressed herein are those of the sender and do not necessarily reflect the views of DTI.

----- Forwarded Message -----

From: FTEB - Mediation <ftebmediation@dti.gov.ph>

To: Elman < elman@yahoo.com>

Sent: Wednesday, July 29, 2020, 08:19:42 AM GMT+8

Subject: Re: vs. PLDT

Resending you the link at 7/29/2020 at 7:57am. You will find the link at the bottom portion of the meeting invitation (Below the "Note" portion). Download MS TEAM app and in your email, click the "JOIN MICROSOFT TEAMS MEETING"

For your guidance, I have a attached here a video of the said email invitation and the link.

Thank you

Mediation Division
Fair Trade Enforcement Bureau3/F UPRC  (FTEB) Bldg.,
315 Sen. Gil Puyat Ave., Makati City
(between BIR Makati and PAG-IBIG Fund)
Tel. No. (+632) 7975-7965
Cell. No. 0917-6592658

Please take a moment to click the link and answer our Customer Satisfaction Feedback form to help us improve our service: http://www.tinyurl.com/FTEBCSFForm

The information in this transmission may be confidential and/or protected by legal professional privilege, and is intended only for the person or persons to whom it is addressed.  If you are not such a person, you are warned that any disclosure, copying or dissemination of the information is unauthorized.  If you have received the transmission in error, please immediately contact the Department of Trade and Industry - Fair Trade Enforcement Bureau by telephone, fax or email, to inform the office of the error and to enable arrangements to be made for the destruction of the transmission, or its return at our cost.  No liability is accepted for any unauthorized use of the information contained in this transmission.  E-mail transmission cannot be guaranteed to be secure or error-free. Neither the sender nor the DTI accepts liability for any errors or omissions in the contents or transmission of this email.

From: FTEB - Mediation <ftebmediation@dti.gov.ph>
Sent: Wednesday, July 29, 2020 7:57 AM
To: Catherine A. Padon <CatherinePadon@dti.gov.ph>
Cc: SAM <SAM@pldt.com.ph>; smart <SAM@smart.com.ph>; Elman < elman@yahoo.com>; mrposadas@pldt.com.ph <mrposadas@pldt.com.ph>
Subject: vs. PLDT
When: Wednesday, July 29, 2020 9:00 AM-9:30 AM.
Where:

Doc Control No. :___________

NOTICE OF MEDIATION

TO THE PARTIES CONCERNED:

Please be informed that pursuant to existing DTI Rules and Regulations, mediation is a mandatory process where parties are given the opportunity to explore possible resolution of a dispute in a confidential environment. Accordingly, parties concerned are hereby required to be present in a mediation conference, the particulars of which are as follows:

Date : 29 July 2020

Time : 9:00 AM-10:00 AM

Venue : MS TEAM (join MS Teams, download and

signed up for free)

Representatives may be recognized upon presentation of a notarized Special Power of Attorney or Authorization Letter executed and signed by their respective principals. A copy of the complaint is hereto attached for ready reference. Kindly confirm your attendance through email at ftebmediation@dti.gov.ph or Cellphone No. 0975-457-73-11.

PLEASE BE GUIDED ACCORDINGLY.

Issued this 27th day of July, 2020 in Makati, Philippines.

Name/Signature: ELMAN

Contact No.

Email: elman@yahoo.com

Party complaining

THE PRESIDENT / MANAGER

SMART COMMUNICATIONS INC.

Email: <SAM@smart.com.ph>

THE PRESIDENT / MANAGER

PLDT

Email: sam@pldt.com.ph

Party complained of:

Note:

The Mediation Officer is neither an Adjudication Officer nor the counsel of either party.
Any and all matters discussed during the conference are confidential in nature. In view of the confidentiality rule governing mediation, recording and disclosure of proceedings are strictly prohibited and violation thereof shall be dealt with in accordance with pertinent laws in regulations.
Both parties are hereby informed that private personal information supplied/gathered is solely for mediation purposes and may be shared to the parties concerned and only authorized DTI staff may have access to this private personal information.
In the event a compromise is reached, the parties shall execute and submit a mediation agreement, duly attested by the Mediation Officer and a copy thereof shall be kept by the latter. The parties may jointly seek the issuance of a Judgment based on their agreement through a joint petition to be filed with the proper Office of DTI.

________________________________________________________________________________

Join Microsoft Teams Meeting

Learn more about Teams | Meeting options

________________________________________________________________________________

Connect with us
on your favorite social networks

----- Forwarded Message -----

From: FTEB - Mediation <ftebmediation@dti.gov.ph>

To: Elman < elman@yahoo.com>; smart <sam@smart.com.ph>; SAM <sam@pldt.com.ph>

Sent: Wednesday, July 29, 2020, 07:38:47 AM GMT+8

Subject: Re: VS. PLDT (Rescheduled)

Please be reminded that we will be having a mediation conference today 29 July 2020 at 9am. The link (Join Ms Teams Meeting in blue font at the lower portion of the meeting invitation) to the said conference was sent through your respective emails.

Thank you very much.

Mediation Division
Fair Trade Enforcement Bureau3/F UPRC  (FTEB) Bldg.,
315 Sen. Gil Puyat Ave., Makati City
(between BIR Makati and PAG-IBIG Fund)
Tel. No. (+632) 7975-7965
Cell. No. 0917-6592658

Please take a moment to click the link and answer our Customer Satisfaction Feedback form to help us improve our service: http://www.tinyurl.com/FTEBCSFForm

The information in this transmission may be confidential and/or protected by legal professional privilege, and is intended only for the person or persons to whom it is addressed.  If you are not such a person, you are warned that any disclosure, copying or dissemination of the information is unauthorized.  If you have received the transmission in error, please immediately contact the Department of Trade and Industry - Fair Trade Enforcement Bureau by telephone, fax or email, to inform the office of the error and to enable arrangements to be made for the destruction of the transmission, or its return at our cost.  No liability is accepted for any unauthorized use of the information contained in this transmission.  E-mail transmission cannot be guaranteed to be secure or error-free. Neither the sender nor the DTI accepts liability for any errors or omissions in the contents or transmission of this email.

----- Forwarded Message -----

From: Presidential Complaint Center (PCC) <pcc@malacanang.gov.ph>

To: DTI CONSUMER CARE <consumercare@dti.gov.ph>

Cc: Elman < elman@yahoo.com>

Sent: Thursday, August 6, 2020, 12:47:34 PM GMT+8

Subject: Re: VS. PLDT (Rescheduled)

Sir/Madam:

Respectfully forwarding the email* received through the Presidential Complaint Center (PCC) email address pcc@malacanang.gov.ph, for appropriate action, consistent with existing laws, rules and regulations on the matter, seeking intercession relative to issues and concerns which may be best addressed/coordinated by that Office.

A reply direct to the party/ies concerned copy furnished the Center citing PCC Code No., will be highly appreciated. Expeditious action is requested in accordance with the provisions of Republic Act No. 11032, otherwise known as the Ease of Doing Business and Efficient Government Service Delivery Act of 2018.

Thank you.

PRESIDENTIAL COMPLAINT CENTER

8736 8629 / 8736 8645 / 8736 8621

PCC OFFICE HOURS

Monday to Friday (except National Holidays and Work Suspensions)

8:00am to 5:00 pm

* OFFICIAL PCC TRANSMITTAL TO FOLLOW

If you have any questions/comments/queries/suggestions, please email us at pcc@malacanang.gov.ph

IMPORTANT:

The information contained in the communication is privileged and confidential and intended solely for the use of the individual or entity to whom it is addressed and others authorized to receive it. If you are not the intended recipient, you must not disclose or use the information contained in it. If you have received this email in error, please notify us immediately by return email and delete the document. The Center is neither liable for the proper and complete transmission of the information nor for any delay in its receipt. The Center accepts no liability for any damage caused by this email or its attachments due to viruses, interference, interception, corruption or unauthorized access.

Code No. PCC-GDP-07-29-2020-226

On Wednesday, July 29, 2020, 05:14:11 AM GMT+8, Elman < elman@yahoo.com> wrote:

Good Day!

I am afraid the link ("Join Microsoft Teams Meeting") for the said conference does not appear in the meeting invitation you sent.

----- Forwarded Message -----

From: FTEB - Mediation <ftebmediation@dti.gov.ph>

To: Elman < elman@yahoo.com>; SAM <sam@pldt.com.ph>; smart <sam@smart.com.ph>

Sent: Tuesday, July 28, 2020, 12:04:07 AM GMT+8

Subject: Re: vs. pldt (HOME05:3188805) vs. pldt - SMART (NTC Admin Case NO. 2019-066 Fw: Latest Mr. Elman / Home Bro 0729018546 (HOME05:809138) [ ref:_00D7FzntY._5007FCOyqV:ref ] Formal Complaint vs PLDT - Smart Follow-Up

Dear All,

We will schedule this for another (Virtual/Online) Mediation Conference on 29 July 2020 at 9 o'clock in the morning to give all parties opportunities to settle the issues on Fraudulent Advertisement and/or Deceptive Sales acts and practices.

The link ("Join Microsoft Teams Meeting") for the said conference was provided in the meeting invitation sent through your respective emails. Kindly download MS TEAMS app to join.

For the information and guidance of all.

Thank you very much and keep safe.

Mediation Division
Fair Trade Enforcement Bureau3/F UPRC  (FTEB) Bldg.,
315 Sen. Gil Puyat Ave., Makati City
(between BIR Makati and PAG-IBIG Fund)
Tel. No. (+632) 7975-7965
Cell. No. 0917-6592658

Please take a moment to click the link and answer our Customer Satisfaction Feedback form to help us improve our service: http://www.tinyurl.com/FTEBCSFForm

The information in this transmission may be confidential and/or protected by legal professional privilege, and is intended only for the person or persons to whom it is addressed.  If you are not such a person, you are warned that any disclosure, copying or dissemination of the information is unauthorized.  If you have received the transmission in error, please immediately contact the Department of Trade and Industry - Fair Trade Enforcement Bureau by telephone, fax or email, to inform the office of the error and to enable arrangements to be made for the destruction of the transmission, or its return at our cost.  No liability is accepted for any unauthorized use of the information contained in this transmission.  E-mail transmission cannot be guaranteed to be secure or error-free. Neither the sender nor the DTI accepts liability for any errors or omissions in the contents or transmission of this email.

From: Elman < elman@yahoo.com>
Sent: Saturday, July 25, 2020 5:07 AM
To: Presidential Complaint Center (PCC) <pcc@malacanang.gov.ph>; NTC Consumer <consumer@ntc.gov.ph>; NTC Commissioner <commissioner@ntc.gov.ph>; Legal <legal@ntc.gov.ph>; Cwpd Feedback <cwpd_feedback@ntc.gov.ph>; FTEB - Mediation <ftebmediation@dti.gov.ph>; Dir. Ronnel O. Abrenica <RonnelAbrenica@dti.gov.ph>; Gerald C. Calderon <GeraldCalderon@dti.gov.ph>; Gerardo P. Maglalang <GerardoMaglalang@dti.gov.ph>; depcom1@ntc.gov.ph <depcom1@ntc.gov.ph>; depcom2@ntc.gov.ph <depcom2@ntc.gov.ph>; Complaints NPC <complaints@privacy.gov.ph>; Gregorio Honasan <gregorio.honasan@dict.gov.ph>; Secretary <Secretary@dti.gov.ph>; Genaro C. Jacob <GenaroJacob@dti.gov.ph>; Emma A. Panopio <EmmaPanopio@dti.gov.ph>; Rosila F. Egmilan <RosilaEgmilan@dti.gov.ph>; Rosita P. Jaleco <RositaJaleco@dti.gov.ph>; Joseph Manuel P. Pamittan <JosephManuelPamittan@dti.gov.ph>; FTEB - Adjudication <fteb_adjudication@dti.gov.ph>; Aa01 <sam@pldt.com.ph>; LOPEZ Juan Antonio (Jay) R. <jrlopez@pldt.com.ph>; mvpangilinan@smart.com.ph <mvpangilinan@smart.com.ph>; Orlando B. VEA <obvea@smart.com.ph>; Catherine A. Padon <CatherinePadon@dti.gov.ph>; sam@smart.com.ph <sam@smart.com.ph>
Subject: Re: vs. pldt (HOME05:3188805) vs. pldt - SMART (NTC Admin Case NO. 2019-066 Fw: Latest Mr. Elman / Home Bro 0729018546 (HOME05:809138) [ ref:_00D7FzntY._5007FCOyqV:ref ] Formal Complaint vs PLDT - Smart Follow-Up

Dear Atty.Catherine Padon/DTI FTEB Mediation,

Good Day!

Thank you for your reply! However, I thought you were monitoring this complaint? With all due respect, may I reiterate I was not contacted by PLDT - Smart neither sent me the or complied to the repeated orders of Atty. Rebecca G. Millena last 6th hearing February 27, 2020 until the last office hours President Duterte announced the GCQ! She directed and gave them 10 days to comply. But to add to inconvenience, I will receive by June 9, 2020 a mail dated March 13, 2020 stating their request to postpone the hearing with no mention of the following promise since December 11, 2019!:

"I have not received the soft copies of SOA zero outstanding balance; Certification of onerous terminated and erroneous migration to Unlimited Ultera subscriptions from Unlimited WiMAX ; and formal Letter of Apology. You (Atty. Millena) had ordered him (Atty. Pangan c/o Atty. Lopez) to send this to me last 6th Hearing, February 27, 2020 within 10 days with my demand to full refund worth PhP 80,000.00, but to no avail. Please see attached MOM."

Is it alright if I give you PLDT counsel's, Atty. Juan Antonio (Jay) R. Lopez, cellphone number, so he could urgently relay this to Atty. Kevin Averell A. Pangan whom he advised to have replaced him last February 22, 2020 but was in their Dumaguete call center agency to investigate, despite all emails or communication are being stored and kept at their Manila/Makati Hub and portals, CSP with report numbers and recorded conversations retrieval accessible even by their Sales and Service Centers around the country, Smart Prepaid Buddy Hotline *888, PLDT DSL and Products Hotline *171 on a cellphone with Smart Network? I even sent emails addressed to Mr. PAOLO LOPEZ, PLDT HOME Customer Care and Vice President, et. al. And I had exhausted all efforts to communicate my Data Privacy Complaint which are all manifested on this email with all due respect and your kind indulgence please use the search button with your astute perusal! I also informed all of you that Atty. Millena said I have to file or lodge a separate complaint at DTI for the Fraudulent Advertisement and she will not handle it during the Legal Branch Admin Hearing after I called DTI FTEB Mediation and relayed this to Atty. Padon. Please secure our voice recorded Admin Hearing with her Stenographer/Secretary/Clerk of NTC Legal Branch, Ms. Jhing.

With all due respect, may I also request for your confirmation if Ms. Jhing and or Mr. John communicated with you and forwarded copies of your required related documents. If not may I again request and direct you to the office of Atty. Ella Blanca B. Lopez of the NTC Legal Department for the Complaint Affidavit and email trails; and to Atty. Maria Xandralyn Molina of NTC CWPD for the complaint form and email trails assuming Senator Grace Poe is asking for your reports on pending and acknowledged complaints from subscribers, including against PLDT-Smart. With your Office's kind indulgence, based on JAO by DOJ, please be considerate that your requirements can be addressed by the documents, including emails (CC'ed to DICT, NPC, and DTI, photocopies, screenshots, all in the possession of the honorable NTC from December 11, 2018 to present, from the mediations of Atty. Molina of NTC CWPD; to the administrative hearing of Atty. Lopez and Atty. Millena (with recorded conversations) of the NTC Legal Department, and the office of the NTC Commissioner, as well as the Secretariat. Please consider the Pandemic situation if you will require me another Complaint Affidavit — I almost sufferred infection from the last Administrative Hearing and I am currently financially and movement restricted too.

To avoid belaboring us further, please coordinate with NTC and kindly advise me via SMS text after you sent me any emails, I will respond accordingly depending as well with the COVID 19 development.

Thank you.

Dear Ms. Jhing and Mr. John:

Mr. John, thank you for you accommodation last time at the Office of the NTC Commissioner to retrieve a copy of my emails and forwarding it to CWPD.

Again, thank you.

***Please do not break the loop/thread because there are older conversations here which have been deleted. I am unsure who did it.***

I pray for our safety and God’s mercy. God bless.

Thank you.

Yours truly

Mr. Elman

Mob.: 0918XXXXX88

Ultera 998XXX888 (Migrated from Canopy and WiMAX consecutively)

----- Forwarded Message -----

From: FTEB - Mediation <ftebmediation@dti.gov.ph>

To: Elman < elman@yahoo.com>

Sent: Friday, July 24, 2020, 11:08:37 AM GMT+8

Subject: Fw: vs. pldt (HOME05:3188805)

Erratum:

Dear Mr. Elman,

We respectfully forward to you below the response of SMART on your complaint for your comment.

Thank you very much.

Mediation Division
Fair Trade Enforcement Bureau3/F UPRC  (FTEB) Bldg.,
315 Sen. Gil Puyat Ave., Makati City
(between BIR Makati and PAG-IBIG Fund)
Tel. No. (+632) 7975-7965
Cell. No. 0917-6592658

Please take a moment to click the link and answer our Customer Satisfaction Feedback form to help us improve our service: http://www.tinyurl.com/FTEBCSFForm

The information in this transmission may be confidential and/or protected by legal professional privilege, and is intended only for the person or persons to whom it is addressed.  If you are not such a person, you are warned that any disclosure, copying or dissemination of the information is unauthorized.  If you have received the transmission in error, please immediately contact the Department of Trade and Industry - Fair Trade Enforcement Bureau by telephone, fax or email, to inform the office of the error and to enable arrangements to be made for the destruction of the transmission, or its return at our cost.  No liability is accepted for any unauthorized use of the information contained in this transmission.  E-mail transmission cannot be guaranteed to be secure or error-free. Neither the sender nor the DTI accepts liability for any errors or omissions in the contents or transmission of this email.

From: FTEB - Mediation <ftebmediation@dti.gov.ph>
Sent: Friday, July 24, 2020 11:02 AM
To: Elman < elman@yahoo.com>
Subject: Fw: vs. pldt (HOME05:3188805)

Dear Mr. Elman,

We respectfully forward to you below the response of SMART on your complaint.

Thank you very much.

Mediation Division
Fair Trade Enforcement Bureau3/F UPRC  (FTEB) Bldg.,
315 Sen. Gil Puyat Ave., Makati City
(between BIR Makati and PAG-IBIG Fund)
Tel. No. (+632) 7975-7965
Cell. No. 0917-6592658

Please take a moment to click the link and answer our Customer Satisfaction Feedback form to help us improve our service: http://www.tinyurl.com/FTEBCSFForm

The information in this transmission may be confidential and/or protected by legal professional privilege, and is intended only for the person or persons to whom it is addressed.  If you are not such a person, you are warned that any disclosure, copying or dissemination of the information is unauthorized.  If you have received the transmission in error, please immediately contact the Department of Trade and Industry - Fair Trade Enforcement Bureau by telephone, fax or email, to inform the office of the error and to enable arrangements to be made for the destruction of the transmission, or its return at our cost.  No liability is accepted for any unauthorized use of the information contained in this transmission.  E-mail transmission cannot be guaranteed to be secure or error-free. Neither the sender nor the DTI accepts liability for any errors or omissions in the contents or transmission of this email.

From: SAM <SAM@pldt.com.ph>
Sent: Monday, July 20, 2020 9:03 AM
To: FTEB - Mediation <ftebmediation@dti.gov.ph>; Catherine A. Padon <CatherinePadon@dti.gov.ph>
Cc: 'SAM' <SAM@pldt.com.ph>
Subject: RE: vs. pldt (HOME05:3188805)

Dear FTEB and Atty. Padon,

Per our legal team, the concern of Mr. is already covered by an existing case lodged with the NTC.

Thank you.

Respectfully,

MARIZ

Special Accounts Management

From: FTEB - Mediation <ftebmediation@dti.gov.ph>
Sent: Friday, 17 July 2020 10:31 AM
To: SAM <SAM@pldt.com.ph>; Catherine A. Padon <CatherinePadon@dti.gov.ph>
Subject: Re: vs. pldt (HOME05:3188805)

Good day. The meeting is cancelled. We sent you a notice of the said cancellation. However, please be apprised that we sent you NOTICE TO EXPLAIN last 15 July 2020 for your appropriate action.

Thank you very much.

Mediation Division

Fair Trade Enforcement Bureau

3/F UPRC (FTEB) Bldg.,

315 Sen. Gil Puyat Ave., Makati City

(between BIR Makati and PAG-IBIG Fund)

Tel. No. (+632) 7975-7965

Cell. No. 0917-6592658

Please take a moment to click the link and answer our Customer Satisfaction Feedback form to help us improve our service: http://www.tinyurl.com/FTEBCSFForm

The information in this transmission may be confidential and/or protected by legal professional privilege, and is intended only for the person or persons to whom it is addressed. If you are not such a person, you are warned that any disclosure, copying or dissemination of the information is unauthorized. If you have received the transmission in error, please immediately contact the Department of Trade and Industry - Fair Trade Enforcement Bureau by telephone, fax or email, to inform the office of the error and to enable arrangements to be made for the destruction of the transmission, or its return at our cost. No liability is accepted for any unauthorized use of the information contained in this transmission. E-mail transmission cannot be guaranteed to be secure or error-free. Neither the sender nor the DTI accepts liability for any errors or omissions in the contents or transmission of this email.

From: SAM <SAM@pldt.com.ph>
Sent: Friday, July 17, 2020 9:34 AM
To: FTEB - Mediation <ftebmediation@dti.gov.ph>; Catherine A. Padon <CatherinePadon@dti.gov.ph>
Cc: 'SAM' <SAM@pldt.com.ph>
Subject: RE: vs. pldt (HOME05:3188805)

Dear FTEB and Atty. Padon,

Good day! This is to advise that we, Michelle Santos and Marissa Posadas, attended the mediation via MS teams today at 9AM to hear the plea of our customer, Mr. Elman ; however, seems like the meeting today is cancelled. I spoke with Mr. Joel Buag of DTI and confirmed that no meeting is set today.

Thank you.

Best regards,

Michelle Santos

Head, Special Accounts Management

PLDT

On Friday, July 24, 2020, 07:38:35 AM GMT+8, Elman < elman@yahoo.com> wrote:

Follow-up, please!

On Wednesday, July 22, 2020, 10:48:11 PM GMT+8, Elman < elman@yahoo.com> wrote:

Follow-up, please!

On Saturday, July 18, 2020, 07:26:32 AM GMT+8, Elman < elman@yahoo.com> wrote:

Dear Atty.Catherine Padon/DTI FTEB Mediation,

Good Day!

Thank you for your reply and monitoring; however, I was not contacted by PLDT - Smart neither sent me the or complied to the repeated orders of Atty. Rebecca G. Millena last 6th hearing February 27, 2020 until the last office hours President Duterte announced the GCQ! She directed and gave them 10 days to comply. But to add to inconvenience, I will receive by June 9, 2020 a mail dated March 13, 2020 stating their request to postpone the hearing with no mention of the following promise since December 11, 2019!:

I haven’t received the soft copies of SOA zero outstanding balance; Certification of onerous terminated and erroneous migration to Unlimited Ultera subscriptions from Unlimited WiMAX ; and formal Letter of Apology. You (Atty. Millena) had ordered him (Atty. Pangan c/o Atty. Lopez) to send this to me last 6th Hearing, February 27, 2020 within 10 days with my demand to full refund worth PhP 80,000.00, but to no avail. Please see attached MOM.

With all due respect, may I also request for your confirmation if Ms. Jhing and or Mr. John communicated with you and forwarded copies of your required related documents. If not may I again request and direct you to the office of Atty. Ella Blanca B. Lopez of the NTC Legal Department for the Complaint Affidavit and email trails; and to Atty. Maria Xandralyn Molina of NTC CWPD for the complaint form and email trails assuming Senator Grace Poe is asking for your reports on pending and acknowledged complaints from subscribers, including against PLDT-Smart. With your Office's kind indulgence, based on JAO by DOJ, please be considerate that your requirements can be addressed by the documents, including emails (CC'ed to DICT, NPC, and DTI, photocopies, screenshots, all in the possession of the honorable NTC from December 11, 2018 to present, from the mediations of Atty. Molina of NTC CWPD; to the administrative hearing of Atty. Lopez and Atty. Millena (with recorded conversations) of the NTC Legal Department, and the office of the NTC Commissioner, as well as the Secretariat. Please consider the Pandemic situation if you will require me another Complaint Affidavit — I almost sufferred infection from the last Administrative Hearing and I am currently financially and movement restricted too.

To avoid belaboring us further, please coordinate with NTC and kindly advise me via SMS text after you sent me any emails, I will respond accordingly depending as well with the COVID 19 development.

Thank you.

Dear Ms. Jhing and Mr. John:

Mr. John, thank you for you accommodation last time at the Office of the NTC Commissioner to retrieve a copy of my emails and forwarding it to CWPD.

Again, thank you.

***Please do not break the loop/thread because there are older conversations here which have been deleted. I am unsure who did it.***

I pray for our safety and God’s mercy. God bless.

Thank you.

Yours truly

Mr. Elman

Mob.: 0918XXXXX88

Ultera 998XXXX888 (Migrated from Canopy and WiMAX consecutively)

----- Forwarded Message -----

From: FTEB - Mediation <ftebmediation@dti.gov.ph>

To: SAM <sam@pldt.com.ph>; smart <sam@smart.com.ph>

Cc: Elman < elman@yahoo.com>

Sent: Saturday, July 18, 2020, 12:52:42 AM GMT+8

Subject: Re: vs. pldt - SMART (NTC Admin Case NO. 2019-066 Fw: Latest Mr. Elman / Home Bro 0729018546 (HOME05:809138) [ ref:_00D7FzntY._5007FCOyqV:ref ] Formal Complaint vs PLDT - Smart Follow-Up

May we follow up the status of this complaint please.

Thank you very much.

Mediation Division
Fair Trade Enforcement Bureau3/F UPRC  (FTEB) Bldg.,
315 Sen. Gil Puyat Ave., Makati City
(between BIR Makati and PAG-IBIG Fund)
Tel. No. (+632) 7975-7965
Cell. No. 0917-6592658

Please take a moment to click the link and answer our Customer Satisfaction Feedback form to help us improve our service: http://www.tinyurl.com/FTEBCSFForm

The information in this transmission may be confidential and/or protected by legal professional privilege, and is intended only for the person or persons to whom it is addressed.  If you are not such a person, you are warned that any disclosure, copying or dissemination of the information is unauthorized.  If you have received the transmission in error, please immediately contact the Department of Trade and Industry - Fair Trade Enforcement Bureau by telephone, fax or email, to inform the office of the error and to enable arrangements to be made for the destruction of the transmission, or its return at our cost.  No liability is accepted for any unauthorized use of the information contained in this transmission.  E-mail transmission cannot be guaranteed to be secure or error-free. Neither the sender nor the DTI accepts liability for any errors or omissions in the contents or transmission of this email.

----- Forwarded Message -----

From: FTEB - Mediation <ftebmediation@dti.gov.ph>

To: Elman < elman@yahoo.com>

Sent: Wednesday, July 15, 2020, 07:34:10 PM GMT+8

Subject: Re: vs. pldt - SMART (NTC Admin Case NO. 2019-066 Fw: Latest Mr. Elman / Home Bro 0729018546 (HOME05:809138) [ ref:_00D7FzntY._5007FCOyqV:ref ] Formal Complaint vs PLDT - Smart Follow-Up

Good day, Sir Elman.

This is to acknowledge receipt of your email requesting for the rescheduling of the mediation. I apologize if I could not reach you through call right now. I have limited access to SMART network since we are working from home due to Covid-19 Pandemic. Please know that I will still keep track of your messages through email and update you of the recent development.

For the meantime, I will just send PLDT a NOTICE TO EXPLAIN attaching therein a copy of your complaint and its attachments relative to the latter's alleged FRAUDULENT CONDUCT OF PROMOTIONAL SALES, MISLEADING ADVERTISEMENT and the like for their reply.

Thank you for your kind consideration with this temporary inconvinience.

Keep safe.

Mediation Division
Fair Trade Enforcement Bureau3/F UPRC  (FTEB) Bldg.,
315 Sen. Gil Puyat Ave., Makati City
(between BIR Makati and PAG-IBIG Fund)
Tel. No. (+632) 7975-7965
Cell. No. 0917-6592658

Please take a moment to click the link and answer our Customer Satisfaction Feedback form to help us improve our service: http://www.tinyurl.com/FTEBCSFForm

The information in this transmission may be confidential and/or protected by legal professional privilege, and is intended only for the person or persons to whom it is addressed.  If you are not such a person, you are warned that any disclosure, copying or dissemination of the information is unauthorized.  If you have received the transmission in error, please immediately contact the Department of Trade and Industry - Fair Trade Enforcement Bureau by telephone, fax or email, to inform the office of the error and to enable arrangements to be made for the destruction of the transmission, or its return at our cost.  No liability is accepted for any unauthorized use of the information contained in this transmission.  E-mail transmission cannot be guaranteed to be secure or error-free. Neither the sender nor the DTI accepts liability for any errors or omissions in the contents or transmission of this email.

From: FTEB - Mediation <ftebmediation@dti.gov.ph>
Sent: Wednesday, July 15, 2020 2:04 PM
To: SAM <SAM@pldt.com.ph>; smart <SAM@smart.com.ph>
Cc: Elman < elman@yahoo.com>
Subject: Fw: vs. pldt - SMART (NTC Admin Case NO. 2019-066 Fw: Latest Mr. Elman / Home Bro 0729018546 (HOME05:809138) [ ref:_00D7FzntY._5007FCOyqV:ref ] Formal Complaint vs PLDT - Smart Follow-Up

N O T I C E

Party complained of:

THE PRESIDENT / MANAGER

PHILIPPINE LONG DISTANCE TELEPHONE CO.

5/f Ramon Conjuanco Bldg., Makati Ave., Makati City

Email: sam@pldt.com.ph

SMART COMMUNICATIONS, INC.,

Smart Tower 6799, Ayala Avenue, Makati City
Email: sam@smart.com.ph;

In compliance with the Memorandum of the Office of the President entitled “Community Quarantine over Luzon” dated 16 March 2020, as well as the DTI Department Order No. 20-37, Series of 2020, entitled “instituting an Alternative Work Arrangement in the Department of Trade and Industry, and while the Philippines is under the State of Public Health Emergency, the mediation conferences are hereby suspended until further notice.

Nevertheless, you are hereby notified that a complaint was filed against your management by Mr. / Ms. ELMAN (Complainant / Representative of the Complainant) anent the alleged DEFECTIVE PRODUCT, MISLEADING ADVERTISEMENT AND FRAUDULENT SALES PROMO.

Relative thereto, we are giving you an opportunity to exhaust amicable settlement within two (2) working days from receipt hereof and report to this Office within the said period the result of your coordination with the complainant. Otherwise, this Office shall take it as if no steps have been made by you to settle the same or no settlement has been reached by and between the parties.

As a consequence thereof, a Notice of Mediation shall hereinafter be issued to enjoin both parties to participate/join in a virtual conference to be scheduled by this Office.

We hope you can give this matter your most preferential attention.

PLEASE BE GUIDED ACCORDINGLY.

Issued this 15th day of July 2020 in Makati City.

Note:

We encourage concerned parties to give consideration to one another in this trying situation which affected everyone in our country and the global community - the business enterprises and the consumers as well.

We look forward that parties maintain respect and peaceful accepted ways to reach a win-win solution of this concern

Mediation Division
Fair Trade Enforcement Bureau3/F UPRC  (FTEB) Bldg.,
315 Sen. Gil Puyat Ave., Makati City
(between BIR Makati and PAG-IBIG Fund)
Tel. No. (+632) 7975-7965
Cell. No. 0917-6592658

Please take a moment to click the link and answer our Customer Satisfaction Feedback form to help us improve our service: http://www.tinyurl.com/FTEBCSFForm

The information in this transmission may be confidential and/or protected by legal professional privilege, and is intended only for the person or persons to whom it is addressed.  If you are not such a person, you are warned that any disclosure, copying or dissemination of the information is unauthorized.  If you have received the transmission in error, please immediately contact the Department of Trade and Industry - Fair Trade Enforcement Bureau by telephone, fax or email, to inform the office of the error and to enable arrangements to be made for the destruction of the transmission, or its return at our cost.  No liability is accepted for any unauthorized use of the information contained in this transmission.  E-mail transmission cannot be guaranteed to be secure or error-free. Neither the sender nor the DTI accepts liability for any errors or omissions in the contents or transmission of this email.

----- Forwarded Message -----

From: FTEB - Mediation <ftebmediation@dti.gov.ph>

To: Catherine A. Padon <catherinepadon@dti.gov.ph>

Cc: Elman < elman@yahoo.com>; SAM <sam@pldt.com.ph>

Sent: Wednesday, July 15, 2020, 01:39:02 PM GMT+8

Subject: Canceled: vs. pldt

Connect with us

on your favorite social networks

[Facebook]<https://www.facebook.com/DTI.Philippines/> [Twitter] <https://twitter.com/dtiphilippines> [Instagram] <https://www.instagram.com/dti.philippines/> [Youtube] <https://www.youtube.com/DTIPhilippines/>

email.

On Wednesday, July 15, 2020, 12:10:20 PM GMT+8, Elman < elman@yahoo.com> wrote:

Good Day! Please call me today, Atty. Cat Padon. I also attached the completed DTI FTEB Complaint Form. I do not agree to the gag order included in your recent email about Mediation because I would like to avoid the experience they put me through when they obnoxiously name-called me and rudely talked to me over the phone! I confirm the set MS Team on Friday July 17, 2020 at 9:00 AM. In case you can't reach me online, please reset the Mediation to another date after you contacted me over the phone. Please reply here going forward and see below further instructions.

**Please do not break the loop/thread because there are older conversations here which have been deleted. I am unsure who did it.***

I pray for our safety and God’s mercy. God bless.

Thank you.

Yours truly

Mr. Elman

Mob.: 0918XXXXX88

Ultera 998XXXX888 (Migrated from Canopy and WiMAX consecutively

On Tuesday, July 14, 2020, 08:21:12 PM GMT+8, Elman < elman@yahoo.com> wrote:

On Tuesday, July 14, 2020, 08:06:43 PM GMT+8, Elman < elman@yahoo.com> wrote:

Dear Atty.Catherine Padon/DTI FTEB Mediation,

Good Day!

May I follow-up your promise to call me today? With all due respect, I am afraid you had put me in the position without your acknowledgment of receipt of this email - Please educate me further as well via phone how you wanted me to attend your mediation in the midst of Covid-19 Pandemic. May I also have this mediation rescheduled if you failed to call until Friday. You never loop my latest email for the nth time, why were you in a hurry? May I also request a call from Mr. Gerald Calderon to explain why he is not handling this when NTC Legal Department had been notified as well of our conversation the same day during our 6th Administrative Hearing?

You were in a hurry yesterday when you called me and promised to call me again today explaining you will have enough phone call time for me because your time was limited due to cellphone load limit. Please see attached documents you required, and please for your astute perusal:

On Monday, July 13, 2020, 11:33:06 AM GMT+8, Elman < elman@yahoo.com> wrote:

Dear Atty.Catherine Padon/DTI Mediation,

Good Day!

Thank you for calling and texting me this morning as well. With all due respect, may I request and direct you to the office of Atty. Lopez of the NTC Legal Department for the Complaint Affidavit and email trails; and to Atty. Molina of NTC CWPD for the complaint form and email trails assuming Senator Grace Poe is asking for your reports on pending and acknowledged complaints from subscribers, including against PLDT-Smart. With your Office's kind indulgence, based on JAO by DOJ, please be considerate that your requirements can be addressed by the documents, including emails (CC'ed to DICT, NPC, and DTI, photocopies, screenshots, all in the possession of the honorable NTC from December 11, 2018 to present, from the mediations of Atty. Molina of NTC CWPD; to the administrative hearing of Atty. Lopez and Atty. Millena (with recorded conversations) of the NTC Legal Department, and the office of the NTC Commissioner, as well as the Secretariat. Please consider the Pandemic situation that I almost sufferred infection from the last hearing and I am financially restricted too.

I was not contacted by PLDT - Smart neither sent me the or complied to the repeated orders of Atty. Millena last 6th hearing February 27, 2020 until the last office hours President Duterte announced the GCQ!

To avoid belaboring us further, please coordinate with NTC and kindly advise me via SMS text after you sent me any emails, I will respond accordingly depending as well with the COVID 19 development.
Thank you.
Dear Ms. Jhing and Mr. John:
Again, for the nth follow up, please provide and coordinate with FTEB and concerned DTI offices pertinent documents copies they required from me, and a copy of my complaint affidavit sent to you by the Secretariat. Please call me if you have question and or once you’re done.
Mr. John, thank you for you accommodation last time at the Office of the NTC Commissioner to retrieve a copy of my emails and forwarding it to CWPD.

Again, thank you.
***Please do not break the loop/thread because there are older conversations here which have been deleted. I am unsure who did it.***

I pray for our safety and God’s mercy. God bless.

Thank you.

Yours truly

Mr. Elman

Mob.: 0918XXXXX88

Ultera 998XXXX888 (Migrated from Canopy and WiMAX consecutively

----- Forwarded Message -----

From: FTEB - Mediation <ftebmediation@dti.gov.ph>

To: Catherine A. Padon <catherinepadon@dti.gov.ph>

Cc: Elman < elman@yahoo.com>; SAM <sam@pldt.com.ph>

Sent: Tuesday, July 14, 2020, 02:30:44 PM GMT+8

Subject: vs. pldt

Doc Control No. :___________

NOTICE OF MEDIATION

TO THE PARTIES CONCERNED:

Date : 17 July 2020

Time : 9:00 AM-10:00 AM

Venue : MS TEAM (join MS Teams, download and

signed up for free)

PLEASE BE GUIDED ACCORDINGLY.

Issued this 14 day of July, 2020 in Makati, Philippines.

Name/Signature: Elman

Address

Contact No.

Email: elman@yahoo.com

Party complaining

Name/Signature: PLDT

Address

Contact No.

Email: sam@pldt.com.ph

Party complained of

Note:

The Mediation Officer is neither an Adjudication Officer nor the counsel of either party.
Any and all matters discussed during the conference are confidential in nature. In view of the confidentiality rule governing mediation, recording and disclosure of proceedings are strictly prohibited and violation thereof shall be dealt with in accordance with pertinent laws in regulations.
Both parties are hereby informed that private personal information supplied/gathered is solely for mediation purposes and may be shared to the parties concerned and only authorized DTI staff may have access to this private personal information.
In the event a compromise is reached, the parties shall execute and submit a mediation agreement, duly attested by the Mediation Officer and a copy thereof shall be kept by the latter. The parties may jointly seek the issuance of a Judgment based on their agreement through a joint petition to be filed with the proper Office of DTI.

________________________________________________________________________________

Join Microsoft Teams Meeting

Learn more about Teams | Meeting options

________________________________________________________________________________

Connect with us
on your favorite social networks

----- Forwarded Message -----

From: FTEB - Mediation <ftebmediation@dti.gov.ph>

To: Elman < elman@yahoo.com>

Cc: pcc@malacanang.gov.ph <pcc@malacanang.gov.ph>

Sent: Monday, July 13, 2020, 10:38:33 AM GMT+8

Subject: Re: ADMIN CASE NO. 2019-066 - Elman (Latest Mr. Elman / Home Bro 0729018546 (HOME05:809138) [ ref:_00D7FzntY._5007FCOyqV:ref ] Formal Complaint vs PLDT - Smart Follow-Up)

Dear Mr. ,

Hope you’re having a great week!

Have you had a chance to look over the complaint form we sent you last 02 July 2020? Kindly accomplish the said form so that we can properly evaluate your complaint and send appropriate notice and processes to PLDT anent the latter's alleged violation and/or irregular conduct of its promotional sales.

If you have questions about it or if you need us to send you another copy, please let us know.

Thank you very much and keep safe.

Mediation Division
Fair Trade Enforcement Bureau3/F UPRC  (FTEB) Bldg.,
315 Sen. Gil Puyat Ave., Makati City
(between BIR Makati and PAG-IBIG Fund)
Tel. No. (+632) 7975-7965
Cell. No. 0917-6592658

Please take a moment to click the link and answer our Customer Satisfaction Feedback form to help us improve our service: http://www.tinyurl.com/FTEBCSFForm

The information in this transmission may be confidential and/or protected by legal professional privilege, and is intended only for the person or persons to whom it is addressed.  If you are not such a person, you are warned that any disclosure, copying or dissemination of the information is unauthorized.  If you have received the transmission in error, please immediately contact the Department of Trade and Industry - Fair Trade Enforcement Bureau by telephone, fax or email, to inform the office of the error and to enable arrangements to be made for the destruction of the transmission, or its return at our cost.  No liability is accepted for any unauthorized use of the information contained in this transmission.  E-mail transmission cannot be guaranteed to be secure or error-free. Neither the sender nor the DTI accepts liability for any errors or omissions in the contents or transmission of this email.

On Monday, July 13, 2020, 11:33:06 AM GMT+8, Elman < elman@yahoo.com> wrote:

Dear Atty.Catherine Padon/DTI Mediation,

Good Day!

Thank you for calling and texting me this morning as well. With all due respect, may I request and direct you to the office of Atty. Lopez of the NTC Legal Department for the Complaint Affidavit and email trails; and to Atty. Molina of NTC CWPD for the complaint form and email trails assuming Senator Grace Poe is asking for your reports on pending and acknowledged complaints from subscribers, including against PLDT-Smart. With your Office's kind indulgence, based on JAO by DOJ, please be considerate that your requirements can be addressed by the documents, including emails (CC'ed to DICT, NPC, and DTI, photocopies, screenshots, all in the possession of the honorable NTC from December 11, 2018 to present, from the mediations of Atty. Molina of NTC CWPD; to the administrative hearing of Atty. Lopez and Atty. Millena (with recorded conversations) of the NTC Legal Department, and the office of the NTC Commissioner, as well as the Secretariat. Please consider the Pandemic situation that I almost sufferred infection from the last hearing and I am financially restricted too.

I was not contacted by PLDT - Smart neither sent me the or complied to the repeated orders of Atty. Millena last 6th hearing February 27, 2020 until the last office hours President Duterte announced the GCQ!

To avoid belaboring us further, please coordinate with NTC and kindly advise me via SMS text after you sent me any emails, I will respond accordingly depending as well with the COVID 19 development.

Thank you.

Dear Ms. Jhing and Mr. John:

Mr. John, thank you for you accommodation last time at the Office of the NTC Commissioner to retrieve a copy of my emails and forwarding it to CWPD.

Again, thank you.

***Please do not break the loop/thread because there are older conversations here which have been deleted. I am unsure who did it.***

I pray for our safety and God’s mercy. God bless.

Thank you.

Yours truly

Mr. Elman

Mob.: 0918XXXXX88

Ultera 998XXXX888 (Migrated from Canopy and WiMAX consecutively)

----- Forwarded Message -----

From: FTEB - Mediation <ftebmediation@dti.gov.ph>

To: Elman < elman@yahoo.com>

Sent: Thursday, July 2, 2020, 10:44:41 PM GMT+8

Subject: Re: ADMIN CASE NO. 2019-066 - Elman (Latest Mr. Elman / Home Bro 0729018546 (HOME05:809138) [ ref:_00D7FzntY._5007FCOyqV:ref ] Formal Complaint vs PLDT - Smart Follow-Up)

Good day Mr. .

Please accomplish the attached Complaint Form so that we can properly evaluate your complaint and send appropriate notice and processes for concerned parties. Please provide the following:

Party Complaining - Complete name, address, contact details : Landline and or cellphone and email
Party being Complained - Company name, business address, contact details : Landline/Cellphone and email
Brief Narration of Complaint
Proof of transaction, O.R., Invoice, and others like affidavit, job orders, etc. to establish a transaction between parties.
Photocopy of National Government issued I.D.

Please resend your complaint at ftebmediation@dti.gov.ph

For your information and appropriate action.

Mediation Division
Fair Trade Enforcement Bureau3/F UPRC  (FTEB) Bldg.,
315 Sen. Gil Puyat Ave., Makati City
(between BIR Makati and PAG-IBIG Fund)
Tel. No. (+632) 7975-7965
Cell. No. 0917-6592658

Please take a moment to click the link and answer our Customer Satisfaction Feedback form to help us improve our service: http://www.tinyurl.com/FTEBCSFForm



The information in this transmission may be confidential and/or protected by legal professional privilege, and is intended only for the person or persons to whom it is addressed.  If you are not such a person, you are warned that any disclosure, copying or dissemination of the information is unauthorized.  If you have received the transmission in error, please immediately contact the Department of Trade and Industry - Fair Trade Enforcement Bureau by telephone, fax or email, to inform the office of the error and to enable arrangements to be made for the destruction of the transmission, or its return at our cost.  No liability is accepted for any unauthorized use of the information contained in this transmission.  E-mail transmission cannot be guaranteed to be secure or error-free. Neither the sender nor the DTI accepts liability for any errors or omissions in the contents or transmission of this email.

On Sunday, June 28, 2020, 02:34:43 AM GMT+8, Elman < elman@yahoo.com> wrote:

27 June 2020

TO: PRESIDENT RODRIGO R. DUTERTE

Republic of the Philippines

Office of the President

Presidential Complaint Center

Malacañang Complex

J.P. Laurel Street

San Miguel, Manila 1005

Contact No. : 736-8645, 736-8603, 736-8606, 736-8629, 736-8621, Telefax 7368621

E-mail Address : pcc@malacanang.gov.ph

ATTN: DTI Secretary of the Ramon M. Lopez

DITC Secretary Gregorio Honasan

Privacy Commissioner and Chairman Raymund Enriquez Liboro

NTC Commissioner Gamaliel Cordoba

Dear President Duterte,

May I follow-up DTI and the rest of the government agencies concerned on my complaint receipt confirmation and commensurate advice. As well, may I follow up PLDT-Smart's promises via Atty. Lopez and Atty. Pangan. Also, correction to the typo below - neither Atty Kevin Pangan has contacted me who Atty Lopez claimed should have replaced him last February 27, 2020. The promises of respondent PLDT-SMART, Atty Jay Lopez are futile. I haven’t received the soft copies of SOA zero outstanding balance; Certification of onerous terminated and erroneous migration to Unlimited Ultera subscriptions from Unlimited WiMAX ; and formal Letter of Apology. You (Atty. Millena) had ordered him (Atty. Pangan c/o Atty. Lopez) to send this to me last 6th Hearing, February 27, 2020 within 10 days with my demand to full refund worth PhP 80,000.00, but to no avail. For your information as well, Atty Kevin Pangan has [not] contacted me who Atty Lopez claimed should have replaced him last February 27, 2020. Since February 27 to date, I just received a letter dated March 13, 2020 last June 10 to reschedule the hearing set on April 7. What did they do from February 27 to March 13 and until today when they have supposedly visited the third party agency handling my complaint in Dumaguete, which source of approvals were held by their HUB in Manila/Makati? PLDT-SMART Convergence, PLDT, Smart Communications and their subsidiaries and third parties have failed and lied to their promises, which you already observed that is why I was requesting that you decide on this matter already. You have given them so much time to even negate with evidences, but they just abused your generosity, Ma’am. I haven’t received their Notarized Reply for the past more than 1 year since this was handled by NTC CWPD.

May I also inquire how is Atty Kevin Pangan related to the Mr. Ben B. Pangan (bbpangan@smart.com..ph), Head of Smart Customer Service who handled my complaint last 2013 who never contacted me and left Ms. Remolin unfairly handled my account and later on kept on telling from 2017 until the last record with Smart Hotline that her legal department is already handling this but won't even explain to me herself?

Thank you.

***Please do not break the loop/thread because there are older conversations here which have been deleted. I am unsure who did it.***

I pray for our safety and God’s mercy. God bless.

Thank you.

Yours truly

Mr. Elman

Mob.: 0918XXXXX88

Ultera 998XXXX888 (Migrated from Canopy and WiMAX consecutively)

----- Forwarded Message -----

From: SAM <sam@pldt.com.ph>

To: " elman@yahoo.com" < elman@yahoo.com>

Sent: Friday, June 12, 2020, 12:09:45 PM GMT+8

Subject: Re: Admin Case NO. 2019-066 Fw: Latest Mr. Elman / Home Bro 0729018546 (HOME05:809138) [ ref:_00D7FzntY._5007FCOyqV:ref ] Formal Complaint vs PLDT - Smart Follow-Up

Please allow us time to review your requirement and an appropriate feedback will be provided within 24 hours.

Our business hours is from Mondays thru Fridays 8:00AM to 5:00PM. Requests received beyond business hours will be attended to on the next working day.

Note: This is a system generated response. Please do not reply.

________________________________

The information in this electronic message is privileged and confidential, intended only for use of the individual or entity named as addressee and recipient. If you are not the addressee indicated in this message (or responsible for delivery of the message to such person), you may not copy, use, disseminate or deliver this message. In such case, you should immediately delete this e-mail and notify the sender by reply e-mail. Please advise immediately if you or your employer do not consent to Internet e-mail for messages of this kind. Opinions, conclusions and other information expressed in this message are not given, nor endorsed by and are not the responsibility of PLDT unless otherwise indicated by an authorized representative of PLDT independent of this message.

----- Forwarded Message -----

From: NTC consumer <consumer@ntc.gov.ph>

To: Elman < elman@yahoo.com>

Sent: Sunday, June 21, 2020, 03:12:54 PM GMT+8

Subject: Re: Admin Case NO. 2019-066 Fw: Latest Mr. Elman / Home Bro 0729018546 (HOME05:809138) [ ref:_00D7FzntY._5007FCOyqV:ref ] Formal Complaint vs PLDT - Smart Follow-Up

Good pm Mr. :

This is to acknowledge the receipt of this email.

God Bless and have a nice day.

For: Atty. Ma. Xandralyn M. Molina - Almazan

OIC, CWPD

Kind Regards,

CWPD – NTC

On Friday, June 12, 2020, 10:44:48 AM GMT+8, Elman < elman@yahoo.com> wrote:

Follow-up, please! For your information as well, neither Atty Kevin Pangan has contacted me who Atty Lopez claimed should have replaced him last February 27, 2020. The promises of respondent PLDT-SMART, Atty Jay Lopez are futile. I haven’t received the soft copies of SOA zero outstanding balance; Certification of onerous terminated and erroneous migration to Unlimited Ultera subscriptions from Unlimited WiMAX ; and formal Letter of Apology. You had ordered him to send this to me last 6^th Hearing, February 27, 2020 within 10 days with my demand to full refund worth PhP 80,000.00, but to no avail. For your information as well, Atty Kevin Pangan has contacted me who Atty Lopez claimed should have replaced him last February 27, 2020. Since February 27 to date, I just received a letter dated March 13, 2020 last June 10 to reschedule the hearing set on April 7. What did they do from February 27 to March 13 and until today when they have supposedly visited the third party agency handling my complaint in Dumaguete, which source of approvals were held by their HUB in Manila/Makati? PLDT-SMART Convergence, PLDT, Smart Communications and their subsidiaries and third parties have failed and lied to their promises, which you already observed that is why I was requesting that you decide on this matter already. You have given them so much time to even negate with evidences, but they just abused your generosity, Ma’am. I haven’t received their Notarized Reply for the past more than 1 year since this was handled by NTC CWPD.

On Saturday, March 14, 2020, 07:13:03 PM GMT+8, Elman < elman@yahoo.com> wrote:

14 March 2020

TO: PRESIDENT RODRIGO R. DUTERTE

Republic of the Philippines

Office of the President

Presidential Complaint Center

Malacañang Complex

J.P. Laurel Street

San Miguel, Manila 1005

Contact No. : 736-8645, 736-8603, 736-8606, 736-8629, 736-8621, Telefax 7368621

E-mail Address : pcc@malacanang.gov.ph

ATTN: Secretary of the Department of Trade and Industry Ramon M. Lopez

Acting DITC Secretary ELISEO M. RIO, JR

Privacy Commissioner and Chairman Raymund Enriquez Liboro

NTC Commissioner Gamaliel Cordoba

Dear Atty Kathleen (FTEB Mediation)/Mr. Calderon, et. al:

Good Day!

You promised to send me a SMS text and a call to confirm receipt of my electronic complaint letter against PLDT-SMART for fraudulent advertisement, etc. I had relayed to you that Atty Millena was hearing the same complaint and slated the 7^th hearing on April 7, 2019. However, the Community Quarantine was to be enforced come March 15, 2020. According to Atty Millena, she will not hear the fraudulent advertisement. I can’t help but relay my manifestation here, as I am not given ample time to touch the possibility that even the survey done by NTC on January 2018 has been affected by the onerous migration of the wrong Ultera Internet last January 11, 2018 from daily capping to monthly capping that resulted to a higher speed. My Ultera Internet was as well migrated from a WiMAX without capping and not subjected to FUP, with the speed of 2Mbps. By January 11, 2018, my Ultera subscription was changed or migrated to monthly capping, while the same, or other Ultera subscriptions has another batch last December 2017. Thus, if consumption of 30 GB volume ends every two weeks, every batch will slow down, thus a possible increase of speed to other Ultera or other products internet subscription they had subjected during the NTC survey on January, 2018.

For your information, Atty. Millena had ordered him to send these [soft copies of SOA zero outstanding balance; Certification of onerous terminated and erroneous migration to Unlimited Ultera subscriptions from Unlimited WiMAX ; and formal Letter of Apology. ] to me last 6^th Hearing, February 27, 2019 within 10 days with my demand to full refund worth PhP 80,000.00 to no avail as of today. She claimed as well that DTI is responsible to handle fraudulent advertisement, regardless that I relayed to her your advice that whoever started the complaint must handle it.

I would like to request that you send me their reply, and will set the mediation, God willing, when the COVID 19 has passed. I would not allow PLDT-SMART to justify their negligence again.

To further the explanation, you may request Commissioner’s Office to provide you a copy of my notarized complaint ADM No. 2019-066. Kindly, for your astute perusal below trail and paper-trails.

Thank you.

----- Forwarded Message -----
From: FTEB - Mediation <ftebmediation@dti.gov.ph>
To: ntcncr@ntc.gov.ph <ntcncr@ntc.gov.ph>; customercare@pldt.com.ph <customercare@pldt.com.ph>; consumer@ntc.gov.ph <consumer@ntc.gov.ph>;     elman@yahoo.com <   elman@yahoo.com>
Sent: Monday, September 2, 2019, 04:34:31 PM GMT+8
Subject: DTI Endorsement Letter - Latest Mr. Elman      / Home Bro 0729018546 (HOME05:809138) [ ref:_00D7FzntY._5007FCOyqV:ref ] Formal Complaint vs PLDT - Smart Follow-Up

Dear Atty. Molina :

This has reference to the attached complaint of Mr. Elman       regarding his concern against PLDT.
We hope you can give this matter your most preferential attention. Kindly inform Mr.       of any action taken by your office and have this bureau copy furnished.

Kindly acknowledge receipt.

Dear Mr.     ,

Please be advised that we already endorsed your complaint or query to the National Telecommunications Commission (NTC). In this regard, kindly directly communicate with the above-mentioned office.

Thank you very much.

Mediation Division
Fair Trade Enforcement Bureau
3/F UPRC (FTEB) Bldg.,
315 Sen. Gil Puyat Ave., Makati City
(between BIR Makati and PAG-IBIG Fund)
Tel. No. 975-7965
Cell. No. 0917-6592658

Dear Atty Millena, et. al:

Good Day!

The promises of respondent PLDT-SMART, Atty Jay Lopez are futile. I haven’t received the soft copies of SOA zero outstanding balance; Certification of onerous terminated and erroneous migration to Unlimited Ultera subscriptions from Unlimited WiMAX ; and formal Letter of Apology. You had ordered him to send this to me last 6^th Hearing, February 27, 2020 within 10 days with my demand to full refund worth PhP 80,000.00, but to no avail. For your information as well, neither Atty Kevin Pangan has contacted me who Atty Lopez claimed should have replaced him last February 27, 2020. PLDT-SMART Convergence, PLDT, Smart Communications and their subsidiaries and third parties have failed and lied to their promises, which you already observed that is why I was requesting that you decide on this matter already. You have given them so much time to even negate with evidences, but they just abused your generosity, Ma’am. I haven’t received their Notarized Reply for the past more than 1 year since this was handled by NTC CWPD.

I was trying to tell you this, but both of you kept shutting me up, that even the last meeting, they did not bring the above documents they promised you, but only a Waiver that he wanted me to sign. He had lied to you that it was the standard, but he added a statement that states “…merits of the case has been discussed…, etc..”. I asked him for a copy, but I was not given one. I never signed it.

Thus, may I request a postponement and rescheduling of the hearing to another date. Please advise me via SMS text the next tentative date and I will respond accordingly depending as well with the COVID 19 development.

Thank you.

Dear Ms. Jhing and Mr. John:

Please provide FTEB and concerned DTI offices a copy of my complaint affidavit sent to you by the Secretariat. Please call me if you have question and or once you’re done.

Mr. John, thank you for you accommodation last time at the Office of the NTC Commissioner to retrieve a copy of my emails and forwarding it to CWPD.

Thank you.

***Please do not break the loop/thread because there are older conversations here which have been deleted. I am unsure who did it.***

I pray for our safety and God’s mercy. God bless.

Thank you.

Yours truly

Mr. Elman

Mob.: 0918XXXXX88

Ultera 998XXXX888 (Migrated from Canopy and WiMAX consecutively)

***

OTHER OLDER EMAILS TO FOLLOW

***

NTC 4th to 5th (December 11, 2019) Admin Case Hearing, Legal Branch: Subscriber versus PLDT Inc., and Smart Communication, Inc. / Emails from NPC, PLDT-SMART, ETC

Email from PLDT and Complainant's Reply for ADMIN CASE NO. 2019-066 after NTC 3rd Admin Case Hearing, Legal Branch: Subscriber versus PLDT Inc., and Smart Communication, Inc. - September 12, 2019

NTC 3rd Admin Case Hearing, Legal Branch: Subscriber versus PLDT Inc., and Smart Communication, Inc. - August 28, 2019

President Complaint Center Legal Branch NTC: 2nd An Open Follow Up Complaint Letter to NTC, DTI, NPC, PLDT-SMART Ultera DSL Fiber Data Privacy Breach and Breach of Contract Awaiting Summon for Administrative Case but Collections Continuously Send Dunning Email Collections Letters and SMS Text Message
President Complaint Center Legal Branch NTC: An Open Follow Up Complaint Letter to NTC, DTI, NPC, PLDT-SMART Ultera DSL Fiber Data Privacy Breach and Breach of Contract Awaiting Summon for Administrative Case

CWPD Mediation Hearing: An Open Follow Up Complaint Letter to NTC, DTI, NPC, PLDT-SMART Ultera DSL Fiber Data Privacy Breach June 4, 2019 Awaiting Summon for Administrative Case

CWPD Mediation Hearing Schedule June 4, 2019: An Open Follow Up Complaint Letter to NTC, DTI, NPC, PLDT-SMART Ultera DSL Fiber Data Privacy BreachAn Open Follow Up Complaint Letter to NTC, PLDT-SMART Ultera DSL May 17, 2019

An Open Follow Up Complaint Letter to NTC, PLDT-SMART Ultera DSL May 14, 2019

Consumer Welfare and Protection Division National Telecommunications Commission (NTC) Replies Subscriber Complaint against PLDT-SMART Ultera DSL Fiber

An Open Follow Up Complaint Letter to NTC, PLDT SMART Ultera DSL May 14. 2019

An Open Follow Up Complaint Letter to PLDT SMART Ultera DSL Data Privacy Breech and Possible Fraudulent Calls

An Open Follow Up Complaint Letter to PLDT Ultera DSL (formerly SMARTBro WiMax & HomeBro Canopy)

Complaint: PLDT Home Ultera (LTE) Plan 999 Daily Volume Allocation Imposing Monthly Volume Allocation originally SMART Bro / MyBro Canopy Unlimited Migrated to WiMAX Unlimited

Complaint: SmartBro to myBro intermittent connection and throttled speed "Fair Use Policy" etc.

i elman blog

Saturday, September 19, 2020

Related:

NTC 4th to 5th (December 11, 2019) Admin Case Hearing, Legal Branch: Subscriber versus PLDT Inc., and Smart Communication, Inc. / Emails from NPC, PLDT-SMART, ETC

Email from PLDT and Complainant's Reply for ADMIN CASE NO. 2019-066 after NTC 3rd Admin Case Hearing, Legal Branch: Subscriber versus PLDT Inc., and Smart Communication, Inc. - September 12, 2019

NTC 3rd Admin Case Hearing, Legal Branch: Subscriber versus PLDT Inc., and Smart Communication, Inc. - August 28, 2019