From: "Elman " < elman@yahoo.com>
To: commissioner@ntc.gov.ph, "cwpd feedback", customercare@pldt.com, customercare@pldt.com.ph, "CustomerCare" , mvpangilinan@smart.com.ph, consumercare@dti.gov.ph, care@pldt.com, pldtalpha@pldt.com.ph, media@pldt.com.ph, vrfule@pldt.com.ph, rlgelus@pldt.com.ph, consumer@ntc.gov.ph, pcc@malacanang.gov.ph, "privacy" , Secretary@dti.gov.ph, riojr@dict.gov.ph
Cc: depcom1@ntc.gov.ph, depcom2@ntc.gov.ph, "ntcncr", jcarcenas@pldt.com.ph, "Joy Y. SANCHEZ" , "SMARTBRO - ACPS" , "Orlando B. VEA" , "ESPIRITU, Leah (Lei) V." , gamarasigan@smart.com.ph, "Reliza D. REMOLIN" , rrmunar@pldt.com.ph, rvgusilatar@pldt.com.ph, afsablan@pldt.com.ph
Sent: Monday, June 10, 2019 10:28:35 PM
Subject: Re: Mr. Elman / Home Bro 0729018546 (HOME05:809138) [ ref:_00D7FzntY._5007FCOyqV:ref ] Formal Complaint vs PLDT - Smart Follow-Up
To: commissioner@ntc.gov.ph, "cwpd feedback"
Cc: depcom1@ntc.gov.ph, depcom2@ntc.gov.ph, "ntcncr"
Sent: Monday, June 10, 2019 10:28:35 PM
Subject: Re: Mr. Elman / Home Bro 0729018546 (HOME05:809138) [ ref:_00D7FzntY._5007FCOyqV:ref ] Formal Complaint vs PLDT - Smart Follow-Up
June 10, 2019
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
SUBJ: Request for Assistance and Complaint
Dear President Duterte,
Good Day!
I would like to seek your kind assistance about PLDT-SMART continuously harassing me with dunning SMS text messages I receive from my cellphone number 0918xxxxx88 to settle dues that should have been paid and covered by my disputed refunds, aside from their promised rebate worth two (2) monthly service fees (MSF) equivalent to Php 1998.00 upon termination of my Home Ultera internet connection subscription. Notwithstanding this complaint has been elevated by Atty. Molina, OIC-CWPD, NTC, after the failed “full blown” mediation/conciliation, for filing an Administrative Case last June 4, 2019 at the NTC Main Office, Quezon City.
I was an OFW and PLDT-SMART receiving my payments sent to the Philippines without PLDT and Smart proactively and professionally attending first, their compliance to my approved and signed Full PLDT Ultera and WiMax MSF refund to present that's more than Php 40,000.00 sweat and blood as an OFW subjected to extreme weathers away from my country and family! Am I suffering alone by thier profiteering, if not, inhumane handling of my complaint awaiting compliance, adjustment, activation for more than five (5) years? I don't think so! PLDT-SMART gave me a reason to believe Its officers were helping me migrate from SmartBro Canopy to WiMax, not subject to Fair Usage Policy, no cap, up to 2 MBPS speeds but now it’s the opposite until their officers decommissioned the latter to PLDT Home Ultera daily capped, then to monthly capped!
Thank you, Mayor!
Dear Commissioner Liboro,
May I request your kind assistance on the above and below request and complaint against PLDT-SMART. I demand from them the following data to help me with my Administrative Case against them. We were exhausting the breach of Data Privacy I raised against PLDT-Smart, but PLDT-SMART Special Accounts Management (SAM) raised a caucus that National Privacy Commission (NPC) should be handling it. Yet it was the opportune time to exhaust discussion where they failed because their Hotlines and PLDT SSCs and Smart Retailer Stores would not entertain my disputes but rather send me away to NTC.
Republic Act No. 10173 (Data Privacy act of 2012) No Consent and unauthorized,
CHAPTER 1 Section 29 Unauthorized Access or Intentional Breach. - ...penalty... shall be imposed on persons who knowungly and unlawfully, or violating data confidentiality and security data systems, breaks in any way into any system where personal and sensitive personal information is stored.
CHAPTER 1 Section 32 Unauthorized Disclosure. - (a) "...discloses to a third party...without the consent of the data subject...
CHAPTER 1 (d) Direct Marketing
CHAPTER 1 Section 14 Subcontract of Personal Information "...prevent its use for unauthorized purposes..."
CHAPTER 7 (b) "...accountable to the Compliance with this Act. Identity designated shall be made known to any data subject upon request."
I wish your guidance and monitoring until this Administrative Case come to fruition. Thank you.
Dear Secretary Lopez, Acting Secretary RIO, Commissioner Liboro, and Commissioner Cordoba,
I wish your guidance and monitoring until this Administrative Case come to fruition. Thank you.
Dear Ms. Ma. Cecilia Abad, and or Data Protection Officer (DPO), PLDT-SMART,
I demand that PLDT-SMART cease and desist in further billing me and harassing me through their Collections and Arquillo Law Office. May I request the following to rectify the outstanding balance your collection agency did not provide in their dunning SMS text messages by a certain Ms. Samonte as mentioned above, without even my service reference number (SRN) 998xxxx888:
I demand to access the following:
The contents of your personal data that were processed.
The sources from which they were obtained.
Names and addresses of the recipients of your data.
Manner by which they were processed.
Reasons for disclosure to recipients, if there were any.
Information on automated systems where your data is or may be available, and how it may affect you.
Date when your data was last accessed and modified
The identity and address of the personal information controller.
As well, I demand you rectify my outstanding balance to credits base as well to my disputes for you “not granting”, bypassing, disregarding, approved and signed “first FYA” for compliance since November 9, 2017 and the “second FYA” last February 7, 2018. These documents are all supported in the CSP Dashboard and service reference numbers under my subscription. All these are related to my emails you received on this trail since you had migrated amiss the wrong Ultera daily data capping to Ultera monthly capping, this on your letter has no minimum or maximum speed mentioned.
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If the organization does not yet have a system or form for data rectification, you must execute a written request to the organization, addressed to its Data Protection Officer (DPO), and have it received. In the letter, mention that your request is being made in exercise of your right to object under the Data Privacy Act of 2012. Documents to support your request must be attached. The DPO must act on your written request. In case you feel your request have not been addressed satisfactorily, you may file a formal complaint before the NPC, attached therewith your request letter to the DPO.
Some organizations already have their system or form for data rectification. For instance, the Social Security System (SSS) only requires their members to accomplish SSS Form E-4 or the Member Data Change Request Form and submit with it the supporting documents. The needed supporting documents vary depending on the personal data that you want corrected (i.e. for correction of name and birthdate – PSA/NSO-authenticated birth certificate or valid passport, for correction of name due to naturalization – Certificate of Naturalization issued by the Philippine Department of Foreign Affairs, identification certificate issued by the Philippine Bureau of Immigration, and any foreign government- issued ID cards and/or documents showing the new name).
Your representative last failed mediation mentioned you as theirs and still the Customer Service Head. Last June 4, 2019, per Atty Molina, was “full blown complaint” immediately after the taxing three (3) hour mediation by Mr. Jose Bartolome with the PLDT-Smart parties from Special Account Management (SAM) comprised of Ms. Michelle Santos, Manager; and Ms. Weleen Castro; Specialist. This is evident with the prior reply of Ms. Mariz (SAM PLDT-Smart) that even during the mediation yesterday, their representatives failed to provide an iota of concrete evidence to their claim below. Perhaps, by creating a story from a questionable voucher (internal document?) they can avoid answering why they or they have not violated: (1) NTC Memorandum Circular MC 07-08-2015 80% Service Reliability; (2) NTC Memorandum Circular 03-04-2018; (3) DOJ-Office for Competition (DOJ-OFc) DOJ 9-page Advisory on No FUP on “Unli” Internet, says DOJ advisory Unlimited Internet; "...about their unfair imposition of Fair Usage Policy (FUP) on unlimited Internet promos."; (4) Republic Act No. 10173 (Data Privacy act of 2012); (5) Joint DTI-DICT-NTC-NPC-DOJ Administrative Order No. 18-01 Series 2018 https://doj.gov.ph/files/2019/Announcements/Document0014.pdf;
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(6) NTC Memorandum Circular No. 07-07-2011; etc. (7) Republic Act No. 7394 or The Consumer Act of the Philippines Contract Stipulations - Contrary stipulations — null and void.; etc.
“This is with regards to HomeBro/Ultera account of Mr. Elman.
Please be advised that necessary Ultera non service rebates have been processed.
The FYA he mentioned will not be granted (March 2015 to present, refund of all his payments) since he is using/used our service during the said dates.” – Email dated Wednesday, January 2, 2019 3:46:59 PM from SAM@pldt.com.ph to the consumer@ntc.gov.ph
Again, I am hoping for your astute answer to each issues I have raised here; the timelines, dates, and documents you have sent PLDT-SMART/SMART Communications/PLDT Inc./PLDT Inc. Tel., etc., as proof of your coordination with them for the past five (5) months since I first sent you my complaint.
I am hoping for your expedited, pro-active, and positive reply. Please provide me an official letter as well that I can submit to them. If you can just review the last reply some looped here sent me, some were just formatted letters without proper salutation and signature line.
With all due respect, I am forced to proceed to the Office of the President for the emotional torture and sleepless nights PLDT-SMART continuously put me through. I am also human.
***Please do not break the loop/thread because there are older conversations here which have been deleted. I am unsure who did it.***
Yours truly
Mr. Elman
Mob.: 0918xxxxx88
Ultera 998xxxx888 (Migrated from Canopy and WiMAX consecutively)
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