Wednesday, February 19, 2020

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

----- Forwarded Message -----
From: Elman      <      elman@yahoo.com>
To: Presidential Complaint Center (PCC) ; ntclegalbranchfront@gmail.com ; NTC Consumer ; NTC-Commissioners Office ; depcom1@ntc.gov.ph ; depcom2@ntc.gov.ph ; cwpd@ntc.gov.ph ; Cwpd Feedback ; Aa01 ; Asalilin Lbntc ; Gregorio Honasan ; LOPEZ Juan Antonio (Jay) R. ; Complaints NPC ; FTEB - Mediation ; Ntcncr
Sent: Tuesday, February 11, 2020, 11:39:36 PM GMT+8
Subject: Fw: 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)

February 11, 2020
Nth follow up…


Good Day, Sirs!

Dear President Duterte,

I pray for your good health! Thank you for the PCC’s replies. I hope that they had submitted to your office my grievances and complaints about my Admin Case No. 2019-066. Below are part of what is:


Dear Commr. Cordoba,

May I respectfully request that a copy of my notarized complaint received by NTC Legal Department, including the NTC Secretariat to provide, if already sent, remind NPC, DTI, DICT and the government agencies involved in this administrative case ADMIN CASE NO. 2019-066 - Elman          Please provide here the date; time; and the name, government position, and department of DTI, NPC, and DICT who received the said copy.

With all due respect, may I also request for your confirmation of receipt and if you had read the said notarized complaint. I have been in your building 9 times more or less and nobody can explain to me how a private citizen like yours truly can expect on this administrative case or steps to take, but rather I was advised even not to write on the minutes of the hearing and being denied of decision to proceed last 5th hearing as promised last 4th hearing, for your information, PLDT – SMART has not provided any notarized answer nor submitted to the Secretariat. I have not received anything from them but an afterthought Appeal to Dismiss the said case, few days after my notarized complaint was sent to their office officially and submitted and accepted by the NTC Secretariat last August, 2019. Please peruse the email trail as well, how Atty. Lopez stated his expectations against what he advised to me and promised.

May I also request the IT Manager of NTC to kindly provide the NTC CWPD and Legal Department  updated and my complete emails, because last 5th hearing, I saw that they cannot produce the latest email I sent to them, that includes the reply of PCC, while the emails they can retrieve are cut/incomplete to a certain data size. And once the emails are archived, they cannot even help me to retrieve them for printing. All my emails to NTC Legal Department were forwarded to them and yet when they informed me that they sorted and forwarded them to the Legal Department, I cannot see any copies in my folder case “Admin Case No. 2019-66.

I also expect even a soft copy of PLDT-SMART official Apology Letters and Certifications of Zero Outstanding Balance and a copy of the Statement of Account/SOA/Billing Statement with Zero Outstanding Balance before the 6th Hearing. I also expect my full refund for the Internet subscriptions I paid. Almost all the documents are on this trail and a single SOA will show I do not have any outstanding balance to PLDT-SMART, the status quo is, the respondent refused to comply with the approvals they already given and continuously deny action. Please see the emails generated by their former Home Bro Ultera Coordinator Mr. Glenn Deciar discussed to me by his/ even Manila supervisors and team leaders:

( The conversations in the call center is recorded in their IVRS as prompted from March 2018 going forward as the details became complete about the email correspondences between PLDT Client Ms. Rachel Ching and others (not subscriber) and PLDT/SMART Coordinators.

On Mon, 3 Dec 2018 at 2:02 pm, Elman<        elman@yahoo.com> wrote:·         TO: Hon. Delilah F. Deles·         Hon. Edgardo V. Cabarios·         Deputy Commissioners·         National Telecommunications Commission·         BIR Road, East Triangle, Diliman, Quezon City, Metro Manila, Philippines, 1101  Dear Hon. Commissioners Deles & Cabarios, Good Day! May I seek your assistance to the following. Please peruse the supporting history of my complaint below including the trail:   LETTER OF COMPLAINT

APRIL 10, 2018

TO: MR. SHIGEKI HAYASHI

DIRECTOR

PLDT INC. TEL

PLDT Home Ultera

Ramon Cojuangco Building,

Makati Ave. corner Ayala Ave.,

Legaspi Village, Makati City, Metro Manila,

Philippines 1200 

Dear Mr. Hayashi,...

SR# 987 053 855 Mar 1, 2018 at  11:38 PM 
Subs is looking for the report numbers accompanying the report of Mr. Deciar through phone a while ago that the management decided, this time, to decline his demand for full ultera monthly service fee refund and not honoring the commitment of Ms. Althea Sablan to configure his ultera daily capping to Ultera unlimited volume on the condition that the speed is up to 2 MBPS. Ms Sablan email dated Nov 9 2017. Mr Elman is disputing the decision of mgmt relayed by Mr. Deciar a while ago. The following are justifications. I am complaining that your mgmt has stalled and delayed with their fickle advice to wit: 
1. That last Dec 13, 2017 Mr. Deciar said the management decided to refund the whole ultera monthly service fee (MSF) on the condition they will not provide internet anymore; 
2. Jan 5, 2018 the management decided that they will not fully refund the ultera monthly service fee (MSF), that instead they will provide a stable internet; 
3. on Feb 15, 2018 Mr. Deciar said the full internet MSF refund is around 80% approvable that he is working for the DSL approval w/c I never requested... (Please see the continuation on the next report no.); 

SR# 987 053 885 11:39 PM 
... 4. around Feb 17, 2018, Mr. Deciar advised that unlimited volume is no longer available. He can only revert the ultera monthly capping to daily capping and full ultera msf refund will depend on the business review; 
5. March 1, 2017 Mr. Deciar advised that per MGMT, they are not refunding the said full ultera msf fee and would not configure my ultera monthly to ultera unlimited volume. With these, I mentioned that I called Althea Sablan last Feb 28, 2018 to which Mr. Deciar replied that he wasn't informed, so I informed him inspite of informing his supervisor ahead that Ms Sablan said that the configuration to ultera unlimited vol should have been followed. That Ms. Annabelle Ordona DSL mgr is her substitute while she's on-leave. Previously Ms. Ordona denied that she has knowledge to my account complaint. These drama have been going on after the commitment of Ms. Sablan last Nov 9, 2017 to which the subscriber finds frustrating, disappointing and inhumane and unprofessional. To sum  it up how can you subject the subscriber on a systematic and vicious procedure. Ms. Maria Cecilia Abad as far as the corporate secretary provided online that she's a data privacy expert... (Please see the continuation on the next report no.) 

SR# 987 056 017 11:59 PM 
...to make the matter worse no one can explain neither who initiated the DSL Titanium call out by Ms Anna Samson. She made several missed call using 171 and a text msg last Feb 13,  2018 stating as PLDTCare

 "Dear Sir Elman, This is Anna of  PLDT Customer Care. Please be informed that I will be calling you within 5 minutes to assist you to migrate your  current service with SRN# 998XXXX888 to an unlimited service. Thank you. Please do not reply. This is system generated Feb 13 2018 7:02 PM  0918XXXXX88" 

Ms. Anna Samson confirmed she texted it when she called me on Feb 14, 2018 but this time she said it was about DSL Migration. She violated together with the people behind her call the Sharing of Data Policy. Ms Kathrina Sepnio Smart Prepaid Hotline Mgr. confirmed that my cellphone used by Anna  was registered to them with prohibition for use by Smart and  PLDT affiliated groups, especially salespersons last Nov 17, 2017. With these, I demanded to Mr Deciar to put in writing above commitment. I demand that you send it to me by email explaining to me how you could have violated the Data Privacy Policy. Then, I reported this to your PLDT Hotline as well. You migrated my account amiss. 

SR# 987 068 722 Mar 2 1:10 AM 
The above SR Nos. (987 053 855; 987 053 885; 987 056 017) were sent via email by Mr. Jeremias Yanoc to the PLDT Ultera Operations Manager with CC to the Senior Manager Althea Sablan.

Please provide me the same courtesy by writing back, explaining why the other Departments have been making the same follow-ups with the management and support groups; and yet, documentation wise, some of them have shown their consistent amiss actions from the committment and deliverables from the management I personally have talked with.

I demand similar Letter of Apology for their passiveness, neglect, inept, and deliberate stalling and delaying of the commitments and deliverables already offered since November 2017 followed up by the PLDT SSC until December 2018.

It is now April 5, 2018 what happened to this? Source: www.pldthome.com/ultera/support"UPGRADE FOR EXISTING CANOPY or WIMAX SUBSCRIBERSI am an existing Canopy and Wimax subscriber. What is the Ultera plan to which I can upgrade to? Since we are upgrading your HOME Bro subscription to the new HOME Ultera, you will upgrade to a plan exclusively for existing subscribers --- Plan 999 with speeds of up to 2Mbps and unlimited volume!...If I cannot decide on the upgrade now, where may I apply for an upgrade?Just dial *1888 on your Smart/ Talk N Text mobile phone or call 672-7277 or toll free 1-800-10-6727277 using your landlines. You may also visit your nearest PLDT Sales and Service Centers (SSCs) and our customer service assistants will be glad to assist you.

SR No. 995 050 172
It is also noteworthy to investigate Smart Wireless Center SM Bacoor Branch and  SMART Special Handling Team for failing to assist me in furnishing me a "Smart WiMAX Unlimited" certification (stating the same and that it was not covered by FUP until it was sold to PLDT). Please refer to SR# 995 050 172. Have you even tried a "Mystery Shopping/Calling" to the Smart Prepaid Hotline *888 to know how calls are being handled by those introducing themselves as supervisors and managers?


Dear Mr. Ederic Eder (PLDT Social Media Manager),

FYA. You declared in Twitter that your Customer Care Team is ready to provide me the "update" they promised, but until now, there is no elaboration generated with an SR# or ticket # found on the Dashboard Memo of the PLDT Hotline but similar to this:
Follow up Subs concern / Twitter SR# 987 227 001 Angelina Pimentel Twitter Welcome Group Social Media March 2, 2018 1:26 PMI had been following this up but until now, your promise of update has not reached me neither by call, email, nor a commensurate elaboration on the Hotline to be read to me by the CSR. What is curious about this  SR# 987 227 001 "Account is already monthly usage 30 GB anti-churn throttling of speed will be up to 1MBPS coordinated to homebro TLs and coordinators / advised subs to follow discussion follow us back for update."  
is that nobody knows who she was referring to the homebro TLs and coordinators neither how to elaborate the said "Update". You kept on twitting that you require my SRN but you addressed me by my First Name instead of my Twitter username. Your @PLDT_Cares even copied your style but it seemed they realized the mistake on Data Privacy that's why when they replied to me the last time, they reverted to my username.
So, when are you going to contact me and send me your professional response via email?


Dear Ms. Althea Sablan (PLDT Customer Care Senior Manager / Smart Experience Management Wireless) 


I trust that you received and read the follow up made by Ms. Alexandra Gana under Dipad SR# 9491300xx Alexandra Gana Dec 16, 2018 11:22 PM Technical Support Level 2 Supervisor

Your commitment of indicated on your email dated Nov 9 at 5:06PM (please see the complete trail below): …We would like to inform you that your current subscription is still at Plan 999 thus we will not make any changes therein…." 


“There is a possible chance that we can provide you with unlimited volume on the condition that the speed will be at 2Mbps. However, this will take time as we have to conduct necessary configuration with our back end.”  


Dear Mr. VAL Fule & Ms. Reylinda Geluz (PLDT SSC Imus City, Cavite Branch/Area Manager),


With all due respect, I had requested a conference call from you since I visited your Branch last Nov 2 & 28, 2017 and yet I never heard from you. Until now, I am expecting the same courtesy in providing me updates. However, I learned that you only made two follow-ups from PLDT Billing and SAGIP Team together with the departments looped in your emails. Please note your looped emails from November to December, 2017: Nov 2, Nov 9 6:47 PM, Nov 9 11:19 PM, Nov 28 7:25 PM, and Jan 31 11:22 AM.

These loops show that several subordinates worked amiss but you never intervened to correct them.  

I am still expecting that you will set an appointment so we can discuss your amiss actions and how you will resolved my complaints; 

Nov 2, 2017 10:41 PM from Customer Care to Julieta  Malvar, Customer, et.al. 


Nov 9, 2017 6:47 PM from Reylinda Gelus RLGelus@pldt.com.ph to Jona Arcenas JCArcenas@pldt.com.ph / Billing Liane Mayette / Sagip Team Raphael Bationg / jelmalvar / randy enerdecido rcenerdecido@pldt.com.ph et.al. Oscar Reyes  Kathleen Gay Reyes

Hi Ms. Jona,

To Whom can we address this letter na He is an existing Canopy Wimax subs and he made several demands to which we, in our capacity as CAs cannot do anything? Below are his demands... (Referring to my email dated Nov 9, 2017?)He's expecting a call out from our superiors.
Hi Ms. Jona,To Whom can we address this letter na He is an existing Canopy Wimax subs and he made several demands to which we, in our capacity as CAs cannot do anything? Below are his demands... (Referring to my email dated Nov 9, 2017?)He's expecting a call out from our superiors.  Dear Ms. Jonalin Jona Arcenas (PLDT Billing Head),

Could you explain why must you compute a Technical Activity Rebate when I am demanding for a full refund of MSFs due to your wrong migration of my Unlimited WiMAX to a daily capped Ultera instead of Ultera Unlimited Volume? Were your instructions not clear enough to be understood by Ms. Kathleen and Ms. Gemma below? 


Nov 9, 2017  11:19 PM Jona to et.al. Annaliza Ranses HomeBro Dispute Mgmt. 

Hi Partners 
- The above SOR (subs) has been complaining internet connection since 2014 several follow-ups Canopy and WiMAX til now his issues have not been resolved thus he made several demands as stated below. Initially has the Canopy Service, WiMAX Ultera. We need all we can get to pacify this SOR and provide to resolution immediately. 
Hi! Ms Lian, Dispute Team 
Process MSF refund from March 2015 to present- Deduct the rebates from March 2015, Sept 2017Seeking your immediate assistance and approval please regarding the request for refund and billing adjustment due to technical concerns. 
Sagip Team 
- SOR is complaining Canopy WiMAX with unlimited volume migrated to Ultera with volume cap- SOR is requesting the disconnection of his current ultera service and install a new ultera plan 999 with unli data. 

Nov 10, 2017 7:52 AM from Kathleen Mae Abrio klabrio@pldt.com.ph Billing  / Jona et.al. rogelio, ching onza, randy, relyn, sagip team 
Dear Ma'am Jona please be noted on the previous adjustments 
On the other hand we can no longer adjust remaining request? (Why must you compute a Technical Activity Rebate when I am demanding a full refund of MSFs due to your mismigration of my Unlimited WiMAX to a daily capped Ultera?) 

Nov 10, 2017 9:37 AM Gemma Lakbayan Billing 
SR# 932 526 651Approved Done creating process dispute process rebate due to downtime and outages? (About which technical rebate. Could you read again my demands above clearly relayed by Ms. Jona) 

Jan 16, 2018 8:56 PM from Jona to Sagip / Ver Leo Lee Carolina Galasan Reylinda Randy E 
Hi Val, Reylinda & Randy, 
Hoping for your immediate assistance for us to appease the SOR, concern has been running for almost 3.5 years
Demands - Daily capping Ultera from WiMAX for correction to Unli Ultera...Letter of Apology...Rebate March 15, 2015 to present... 
On the other hand Mr. Deciar promised last Jan 5, 2018 that Customer Service was completing an excel file about billing technical rebate. Where is it? Dear  Mr. Michael Leonardo Lee (PLDT Marketing, Product Specialist),
I am demanding an explanation why of all people and department, you have not intervened with PLDT Hotline's misinterpretation of your FAQs on your official website! According to the email loop, Mr. Irwin de Guzman signed and approved the FYA and yet your instructions were left hanging by the SAGIP Team and Technical Support. How come you're not aware this is still posted on PLDT Home official website?https://pldthome.com/ultera/support  Nov 28, 2017 7:25 PM Randy



Enerdecido / Jona / Geluz 
Ma'am, Mr. Elman visited our office demanding the ff.: 
- Refund March 2015 to present- Requesting his ultera Plan 999 with Unlimited data- Conference call- Apology Letter for Notice of Disconnection SOA Nov 10, 2017 (Is this the kind of action I got aside from my call being dropped by PLDT and SMART Hotlines? Is this how you harass your "loyal subscribers"?) 


Dec 6, 2017 10:34 AM from Sagip Carlo Bher Aguilar to Jona 
Hi Ma'am Jona 
Seeking for your assistance please, for recommendation, upon checking on the SR#, we use to downgrade a plan there is an option about to change the plan to unlimited. 
This is possible? Since client wants an Ultera Unlimited.SOR is requesting the disconnection of his current Ultera Service and installation of Ultera Plan 999 with unli data. 

If yes may we know the process? (How come you're not aware this is still posted on PLDT Home official website? - https://pldthome.com/ultera/support"UPGRADE FOR EXISTING CANOPY or WIMAX SUBSCRIBERSI am an existing Canopy and Wimax subscriber. What is the Ultera plan to which I can upgrade to?Since we are upgrading your HOME Bro subscription to the new HOME Ultera, you will upgrade to a plan exclusively for existing subscribers --- Plan 999 with speeds of up to 2Mbps and unlimited volume! ... ...If I cannot decide on the upgrade now, where may I apply for an upgrade?Just dial *1888 on your Smart/ Talk N Text mobile phone or call 672-7277 or toll free 1-800-10-6727277 using your landlines. You may also visit your nearest PLDT Sales and Service Centers (SSCs) and our customer service assistants will be glad to assist you."Dec 7, 8, 9, 10 Carlo Aguilar SAGIP to Jona May we follow up on this.Seeking immediate assistance. 

Dec 10, 2017 10:54 AM Jona to Jonas Lee Candido Customer Care Process Mgmt., Carlo Sagip Team 
Hi Jonas 
Seeking for your advice 

Dec 11, 2017 Jonas Lee Candido Customer Service Process Mgmt. 
Subject: Mr Elman Homebro: 
Hi Jona 
We only offer Ultera with unlimited data via migration to existing canopy / WiMAX customers.
If customer is insistent please prepare an FYA for approval and have it approved Marketing Dept. (I am not insistent because I passed the parameter - old WiMax subscriber!) 

Dec 14, 19 Carlo Aguilar to et.al.A gentle follow upMay we follow up on this. 

Dec 19, 2017 11:59 PM Jona Arcenas jarcenas@pldt.com.ph forward to Ms. Carol Galasan cgalasan@pldt.com to Leonardo Lee llee@pldt.com.ph 
Hi Ms. Carol!
Seeking your assistance in filing of FYA. 
Hi Leo 
FYA Leonardo Lee for approval, please, to revert plan to unli given it was migrated from  Canopy / WiMAX.
Best regards 

Dec 20, 2018 3:11 PM from Leonardo Lee Products Specialist 
Hi Ms Jona 
Prior to offering to Ultera unli plan can we check if subscriber can be migrated to a wired plan? (I declined the DSL by replying to email of Ms. Althea Sablan by email and Hotline since Nov 2, 2017. I was even at your PLDT SSC Imus branch reading it with OIC J. Malvar the same day! I continued to decline it everytime it's mentioned by PLDT employees. The problem is no one tried to edit or update the CSP Dashboard Alert for that offer as declined!) 

Dec 20 3:21 PM from Jona to Carlo Aguilar, et.al. ciaguilar@pldt.com.ph arcenas sagip 
Hi Ver, 
Please check if feasible for DSL or Fiber Dec 21 3:30 PM from Carlo to Jona et.al Please see details below for clients demand before offering DSL or Fiber 
"... 9. If you are keen on selling me the PLDT DSL / Fibr, then lets talk about it later after you’ve done #s 1-7. I am expecting as well that upon termination of your offered PLDT DSL / Fibr you’ll maintain the Pre- termination Fee (PSF) waiver and my two (2) MSF rebates, and the unlimited volume and speed, should I choose such migration in the future as an old subscriber." 

Dec 27, 2017 9:27 PM from Jona to Carlo Leo Galasan Reylinda Randy Mktg to et.al. 
Hi Ms. Reylin / Randy 
Seeking for your assistance about the preparation of the FYA about the demands of the subscriber for the approval of MKTG.

Dec 28, 2017; Jan 3, Jan 8, 2018 12:18, 12:48 PM; Jan 16 1:21 PM 8:56 PM; Jan 21, 9:19AM; Jan 23 10:30 AM, Jan 24 11:29 AM; Jan 26 11:13 AM; Jan 29 6:57 PM; Jan 30 6:57; Jan 31 2018 9:54 AM  from Carlo Sagip to Jona, Products Specialist Lee et.al 
Follow up 

Jan 16, 2018 1:21 PM Sagip Team Disconnection backend Permanent Disconnection Irene Mae 
Follow up on this concern

Jan 16, 2018 8:56 PM Jona to Sagip Team Reylinda and Randy;
Hi Sir Val, Ms. Reylinda, Randy 
Hoping for your Assistance for us to appease the SOR (Subscriber on Record) This complaint has been running for almost 3 1/2 years already. Seeking for the assistance in preparation for FYA re the demands of SOR. 

Jan 31, 2018 11:22 AM from Reylinda Geluz to et.al. 
Good Morning, 
FYA has already been prepared may we know to whom should we send it to? 

January 31, 2018 11:57 AM from Meim Jo 
Thank you Ms Reylin on the update 

January 31, 2018 12:16 PM from Michael Leo Lee to Meim Joanne Rogelio
Hi Ms. Joan Meim 
Can you share with us the FYA so that we can sign it. 
Sir Dooding 
Once duly signed let's revert and address issue ASAP...1-9 Demands (please refer to previous emails) 

January 31, 2018 12:29 PM from Meim Joanne to Michael Reylinda Jvmeim@pldt.com.ph

Thank you Lee.

Thank you Lee. 

Ms Reylin, kindly forward the FYA to Michael Leo S. Lee mslee@pldt.com.ph 

January 31 8:53 PM Jona Arsenas to Meim Joe, Carlo Ver Sagip 
Hi Joe! 
I received the FYA just this afternoon! I will have it signed by Irwin de Guzman tomorrow morning! 

Feb 2, 12:31 PM Joe to Jona Thank you, Ma'am Jona! 

Feb 7 2:11 PM Carlo to Jona; Joe; Lee 
Hi Partners 
May we follow up on this please 

Feb 7, 3:43 PM Miem Joe to Carlo Sagip Team 
Ver, 
We'll provide update once we got the approval and signature of the Mktg on the FYA 

Feb 7, 2018 4:08 PM Michael Leonardo Lee to Ms. Joe 
Hi Ms Joe, FYA has been already approved by Mktg! 

Feb 8 5:01 PM Meim Joanne/Joe 
Thank you on the update, Lee. May I request if our team can be provided with a copy of the FYA for our reference please. 
Ms. Reylin, for your info, please. SAGIP VPD, let's process pending on this account please. (Voluntary Permanent Disconnection) 

Feb 8, 2018 5:17 PM Wilson Cruz/Sagip VPD to Ma'am Joe, Rogelio Gusilatar 
Good Day Ma'am Joe 
Noted on this, updates to follow. 

Feb 14, 2018 4:26 PM Rogelio Gusilatar to GlennFor your reference. 

February 19, 2018 5:04 PM Mr. Deciar to Rogelio...



Dear Ms. Maria Cecilia H. Abad (PLDT Ultera Customer Care/ PLDT Inc Tel. Board of Director),

May I follow your response to my email dated Dec 23, 2017. Please see the trail below.


I am dumbfounded how you treated your "loyal subscriber" by imposing amiss a monthly capped Ultera! You first decomissioned my Unlimited WiMAX to daily capped Ultera last March 15, 2015. 
Records show that you were documenting some calls by placing dates on SR#s and yet there are no actual records of the said call. If it's not done in bad faith, you could have corrected the wrong migration. But what did you do instead? As against your website offer, you mismigrated it again to monthly capped Ultera! https://pldthome.com/ultera/support"UPGRADE FOR EXISTING CANOPY or WIMAX SUBSCRIBERSI am an existing Canopy and Wimax subscriber. What is the Ultera plan to which I can upgrade to?Since we are upgrading your HOME Bro subscription to the new HOME Ultera, you will upgrade to a plan exclusively for existing subscribers --- Plan 999 with speeds of up to 2Mbps and unlimited volume!...If I cannot decide on the upgrade now, where may I apply for an upgrade?Just dial *1888 on your Smart/ Talk N Text mobile phone or call 672-7277 or toll free 1-800-10-6727277 using your landlines. You may also visit your nearest PLDT Sales and Service Centers (SSCs) and our customer service assistants will be glad to assist you."    


   Please correct me if I am mistaken that you are a Data Privacy expert. Did you know how PLDT misrepresented and misinformed me via text last Feb 13, 2018; and call last Feb 14, 2018? I got the DSL Titanium call out by Ms Anna Samson last Feb 14, 2018. Prior to this, she made several missed calls using 171 and a text msg last Feb 13, 2018 stating as PLDTCare:

  "Dear Sir Elman, This is Anna of  PLDT Customer Care. Please be informed that I will be calling you within 5 minutes to assist you to migrate your  current service with SRN# 998XXXX888 to an unlimited service. Thank you. Please do not reply. This is system generated Feb 13 2018 7:02 PM  0918XXXXX88".


And when Ms. Samson finally called me last Feb 14, 2018, she talked about DSL migration when it was not even mentioned on the system generated text itself! (When I asked for her supervisor, the latter dropped my call and never called me back to apologize despite of my several complaints both at the Ultera and DSL Hotlines!)

The text was similar to Ms. Sablan's email dated Nov 9,2017 at 5:06PM (please see the complete trail below): …We would like to inform you that your current subscription is still at Plan 999 thus we will not make any changes therein…." 

“There is a possible chance that we can provide you with unlimited volume on the condition that the speed will be at 2Mbps. However, this will take time as we have to conduct necessary configuration with our back end.” 
You can just imagine after three (3) months of Ms. Sablan's silent treatment for my consistent follow-up via email and hotline, I will receive this kind of Data Privacy breech! You gave me a reason to believe you tried to fraudulently make me believe that your commitment last Nov 9, 2017 and text last Feb 13, 2018 are one and the same thing. By having your salespeople do this, they violated the

Decline Sharing of Data Privacy including October 2017
SR# 923 645 122 Oct 19 8:59 PM DiezData Privacy Update With Dashboard Alert on Data PrivacyAttributes Universal Consent No - Decision (Decline)Dashboard Alert! Menu Data Privacy Disagree to provide consent  for promos and loyalty, profiling, third party usage, credit scoring and advertisment.

I had reported these to both PLDT Ultera and DSL; and SMART PREPAID hotlines since Feb 14, 2018, but they have no instructions for me to expect how serious you are about complaints on PLDT salespeople's possible misinformation and fraudulent call out to subscribers on migration process. You can always reach me at my only cellnumber 0918-xxxxx88 to explain your side. I still demand for your official Letter of Apology!



Dear Mr. Glenn Deciar (PLDT Ultera Operations Manager), Ms Althea Sablan (PLDT/SMART Customer Care Senior Manager), etc.; Ms. Annabelle Ordonia (PLDT DSL Manager),


I never requested any reverting from monthly capped to daily capped Ultera nor I requested a DSL migration. Why do you insist and even putting words in my mouth? What I demanded and followed up for the Nth time as supportd by several SR#s are the full MSF refund and the correction of my Ultera subscription as advertised at: https://pldthome.com/ultera/support"UPGRADE FOR EXISTING CANOPY or WIMAX SUBSCRIBERSI am an existing Canopy and Wimax subscriber. What is the Ultera plan to which I can upgrade to?Since we are upgrading your HOME Bro subscription to the new HOME Ultera, you will upgrade to a plan exclusively for existing subscribers --- Plan 999 with speeds of up to 2Mbps and unlimited volume!...If I cannot decide on the upgrade now, where may I apply for an upgrade?Just dial *1888 on your Smart/ Talk N Text mobile phone or call 672-7277 or toll free 1-800-10-6727277 using your landlines. You may also visit your nearest PLDT Sales and Service Centers (SSCs) and our customer service assistants will be glad to assist you.

Your email loops and trails have no accompanying SR#s. I could have corrected you earlier if you just had followed your own memo and protocol on Ms. Sablan's SR# 929060325 and email dated Nov 2, 2017 at 4:26 PM:"...IVRS enhancement  - You have suggested that we add a prompt on our IVRS to give customers an option to talk to Managers. We thank you for this input though at present, feature is not available. Proper escalation procedure has (to) be followed...."

 "...Other Concerns - The team has been instructed to ensure that complete documentation is logged after each interaction with accompanying SR number...."


Please see your loops and email trails below. These exhibit how the Support Group; Technical Support; PLDT SSCs; Social Media; Billing Department; Ultera and DSL alike have their own interpretation of PLDT products.


After the Titanic Dept CSR misinformed me and I have filed complaint about this to find out who initiated this fraudulent call for migration to DSL, why would Mr. Deciar only start to be looped from the support group's emails?

Ms. Abad, were you trying to have him as an escape goat to your negligence and ineptness? Feb 14, 2018 4:26 PM Rogelio Gusilatar to Glenn

For your reference

For your reference(See comparisson between the above email of Mr. Gusilatar as against  SR# 981524876 7:56 PM Joseph Text; SR# 981542647 9:02 PM Joseph - Leonora - Customer Experience Mgmt Customer Relation Manager Dept Ver (Customer Solutions - DSL Anna Thompson Samson, Nicel Saban (some of the hotline employees are dropping my call) SR# 981876010 Feb 15 7:19 PM Sheila to Sup Don Ruffy NRO failed call 3x)SR# 981986760 Feb 16 5:50 AM Adrian Mano Frustration 1. Refund; 2. Unli WiMAX Daily; Cap Ultera, Unlimited Data, 3. Cert WiMAX full refund; 4. Subs Certification expedite. 5. Why after 2 months of your commitment Nov 9 hard selling DSL Anna Samson, misinformed me via text to assist me specifying the Ref# to an unlimited internet; 6. Feedback Mr. Deciar, Ms. Sablan, Ms. Abad. 

Feb 19, 2018 5:04 AM from Glenn Deciar glenn.deciar@pldt.com.ph rogelio rvgusilatar@pldt.com.ph Technical Support Operations

Hi Sir Dood, just an update about the discussion I have with sub! Please refer to the bullets below:

Hi Sir Dood, just an update about the discussion I have with sub! Please refer to the bullets below:
·-  like the usual he has been telling me his experience since last year

·-  he doesn't want to be interrupted so I lend him my ears

·- when I got the chance to talk things out I informed him about the following:

·- Refund from 2015 to present - I told him that we had a bigger chance of getting the approval but it is still being investigated but he seemed not to be surprised about it like he already had an idea. (Mr. Deciar said 80% full MSF Ultera refund from March 2015 to present approved during our phone conversation, when I clarified)

·Migration to DSL he doesn't want to talk about DSL he don't want to be migrated for now what he want us to revert back his package to Unli package. (I am not sure why Mr. Deciar did not mention that he need not talk to me about this. BECAUSE I clearly mentioned this to Ms. Sablan as a reply to her email dated Nov 2, 2017, the same day when I got back home from the PLDT SSC Imus Branch to file my complaint. I filed my complaint to Ms. Malvar and looped her to the said email at 10:41 PM. I condoned her hard selling tactic when she mentioned DSL when she tried to confuse me that there is no Ultera Unlimited Volume,  )

·- I told him that his account is already unlimited but will just throttle if allotted data will be consumed. He wanted it to be like what he had before with his WiMAX unlimited data. (Imagine, Mr. Deciar saying this after I called him last January 5, 2018 when he said that the management is looking for a way to provide me a stable Ultera internet.) 


Feb 22, 2018 2:24 PM from Mr. Deciar to Gusilatar, Rachel Ching Onza et. al.
I told him that we can request in waving the lock in period in DSL if he will continue with the application. He doesn't want to apply in DSL despite the consideration, but chose to retain to the Ultera with unli package with no throttling. I told him it's not possible. He said to put it in writing. Call is ended accordingly. 
I told him that we can request in waving the lock in period in DSL if he will continue with the application. He doesn't want to apply in DSL despite the consideration, but chose to retain to the Ultera with unli package with no throttling. I told him it's not possible. He said to put it in writing. Call is ended accordingly. (Where is the SR# for this and his instruction is no near similar to the: https://pldthome.com/ultera/support"UPGRADE FOR EXISTING CANOPY or WIMAX SUBSCRIBERSI am an existing Canopy and Wimax subscriber. What is the Ultera plan to which I can upgrade to?Since we are upgrading your HOME Bro subscription to the new HOME Ultera, you will upgrade to a plan exclusively for existing subscribers --- Plan 999 with speeds of up to 2Mbps and unlimited volume!...If I cannot decide on the upgrade now, where may I apply for an upgrade?Just dial *1888 on your Smart/ Talk N Text mobile phone or call 672-7277 or toll free 1-800-10-6727277 using your landlines. You may also visit your nearest PLDT Sales and Service Centers (SSCs) and our customer service assistants will be glad to assist you." 

Feb 22, 2017 4:41 PM from Mr. Deciar to Gusilatar, Rachel Ching Onza et. al.  

Here's the latest update. He wanted to revert back to daily with up to 3 Mbps speed and up to 1 MBPS throttled speed.
He wanted the refund to be credited before the cut off March 10.

Feb 23 3:35 PM Glenn Deciar to Rogelio Gusilatar, Rachel Ching Onza 
Follow up on our stand please. I will manage him accordingly whatever will be our discussion. 

Feb 26 3:36 PM Glenn Deciar to Rogelio Gusilatar, Rachel Ching Onza reonza@pldt.com.ph  Miles Munar munar rrmunar@pldt.com.ph 
Hi Partners, 
Follow up on this please subs keeps on calling our hotline. I just told him that we are still awaiting the final update from upper Management. 

Feb 26, 2018 4:58 PM from Rachel (Ching) Onza to Deciar & Rogelio & Romela Munar 
Hi Glenn / Doods (Rogelio) 
Ano talaga ang gusto ni Mr. Elm? 
·- He wanted to revert back to daily with up to 3mbps speed & up to 1 Mbps throttled speed - from Glenn Deciar 
·- Yes Sir client wants unlimited connection up to 2 Mbps. - Carlo Ver Aguilar cvaguilar@pldt.com.ph       

Feb 27, 2018 10:36 AM from Glenn Deciar to Rogelio Ching Munar 
Mr. Elman wanted to be migrated to DSL this was before when we said that the refund will only be processed if ultera account will be disconnected. He wanted to be reverted to unlimited plan just like what he had before with his WiMAX package. (May I reiterate my demand is internet migration correction to Unlimited Ultera as advertised on your official website not daily nor monthly volume/data capped!)  

March 1, 2018 5:16 PM Glenn Deciar to Rogelio Ching Munar 
Hi Sir Dood 
Just an update about the case of Mr. Elman. Refer below:I told him that we could not grant his request to bring him back to unlimited package for his Ultera. I told him that we may revert back the plan to daily volume allowance, but he doesn't want that plan. I told him as well that we could not refund him this amount that he paid since 2015 to present. He was very dissatisfied on my update and recorded the conversation. He demands to put this into writing because he will show this to NTC.We ended the call properly but with disappointment on his side. 

March 27, 2018 5:54 PM Adrian Ian Mano; Camille De Leon ksdeleon@pldt.com.ph Glenn PLDT TLs Althea Sablan afsablan@pldt.com.ph kathleen gay reyes kdreyes@pldt.com.ph maria cecilia abad mhabad@pldt.com.ph 
Client vented out his Frustration. 
Client backtracked all his concern from the beginning. 
Client would like to make a follow up on his requested refund from March 2015 to present which is due to technical activity. 

April 4, 2018 6:00 AM JeremiasHe already his account to be unlimited listen to recording conversation starting 4:39 AM. 

April 11, 2018 3:50 AM Don Rufi to Joselle Mar SWATT Mar Standalone to Glenn and  Morales CC Rogelio Onza Munar 
Client vented out his Frustration again. 
Client backtracked all his concerns from the start. 
FYI. Client would like to make a follow up on his requested refund from March 2015 to present which is due to WRONG MIGRATION from Unlimited WiMAX TO Ultera Daily Capping with throttling NOT technical activity. (Take note on email dated Nov 9, 2017 5:06 PM from Ms. Sablan, she committed to provide unlimited volume on the condition the speed is up to 2mbps.) While waiting on the said configuration, Ms. Maria Cecilia Abad  imposed a monthly Capping which was a misaction effective Jan 12, 2018 at 9:45 PMClient requested to copy Mr. Mano's email below: On Feb 26, 2018 he called Ms. Sablan at her cellphone number from her missed call last Jan 13, 2018. She confirmed that the configuration to Ultera Unli Volume on the condition that speed is up to 2Mbps is still ongoing... 
SR# 1002207911 3:50 AMSR# 1002013617 Marvin Lazarte 4:00 PM 

April 11, 2018 Paul 5:49 PMApril 25, 2018 8:52 Don RufiApril 26, 2018 12:00 Don RufiApril 26, 2018 3:50 BrianApril
March 1, 2018 5:16 PM Glenn to Jane Morales Dec 20, 2017 3:40 PM Alexandra Gana Homebro Supervisors 
No internet No sim card detected promise by Ms Sablan account upgrade to Ultera Unlimited Volume on the condition the speed is up to 2Mbps. 
April 11, 2018 Paul PanganibanNot all request will be granted? (Then what are the items approved?) 
April 21, 2018 Jona Raman Customer CareEndorsing my concern email to Mr. Hayashi.



Dear DTI, NPC, DICT, et. Al,
Please assist me and provide me a concrete reply to my complaint below. If you require anything from me, please request a copy of my notarized complaint at the NTC Legal Department which will have our 6th hearing last week of February, 2020. May I please respectfully request that you send a representative to observe on this coming hearing. I would like to request your participation regarding Data Privacy Violation and Data requests that will also support further my complaints. I have requested the Data Privacy officers both of PLDT and Smart Communications, as well as their convergence company, PLDT-SMART, as well as during the hearings and the emails I sent to the respondent representatives to no avail.
It is my sentiment that I am receiving formatted replies to my complaints without the proper coordination granted to me, as always requested. The trail will show how the answers here were amiss.
Hoping for your earliest acceptable reply and positive action. 
Please call me as well asap.

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.***

Yours truly,


Mr. Elman    
Mob.: 0918XXXXX88
Ultera 998XXXX888 (Migrated from Canopy and WiMAX consecutively)



----- Forwarded Message -----
From: Presidential Complaint Center (PCC)
To: Elman     <     elman@yahoo.com>
Sent: Monday, February 3, 2020, 11:45:11 AM GMT+8
Subject: Re: Latest Mr. Elman     / Home Bro 0729018546 (HOME05:809138) [ ref:_00D7FzntY._5007FCOyqV:ref ] Formal Complaint vs PLDT - Smart Follow-Up

Sir/Madam:

This is to acknowledge receipt of your email by the Presidential Complaint Center.

Please be advised that your email was printed and will be forwarded to the Center’s Receiving Section for updating of assistance seeker’s records.

Daghang Salamat po.
                                                         
PRESIDENTIAL COMPLAINT CENTER
736 8629 / 736 8645 / 736 8621
PCC OFFICE HOURS
Monday to Friday (except National Holidays and Work Suspensions)
8:00am to 5:00 pm

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.


From: "Elman     " <       elman@yahoo.com>
To: "LOPEZ Juan Antonio (Jay) R." , "Presidential Complaint Center, PCC" , "Complaints NPC" , ntclegalbranchfront@gmail.com, "NTC-Commissioners Office" , "Aa01" , "Asalilin Lbntc" , "Cwpd Feedback" , cwpd@ntc.gov.ph, depcom1@ntc.gov.ph, depcom2@ntc.gov.ph, "FTEB" , "Gregorio Honasan" , "consumer"
Sent: Saturday, February 1, 2020 8:16:27 PM
Subject: Re: Latest Mr. Elman       / Home Bro 0729018546 (HOME05:809138) [ ref:_00D7FzntY._5007FCOyqV:ref ] Formal Complaint vs PLDT - Smart Follow-Up

Follow up, please. 

Please send me a soft copy of the Certification, Zero Balance Current Billing Statement, and the Formal Apology Letter. I believe these do not require NTC for you to furnish your subscribers, ASAP.

Dear DICT, NCP, NTC, DTI, DOJ, and President Duterte,

Good Day!

Again, please monitor this case. NTC Legal Hearing Department Officer, Atty. Millena claimed the last, 5th Hearing, she still do not understand my complaint. Please advise. Until now, PLDT - SMART has not provided their reply to my notarized complaint since August 2019.  Even PNC has not contacted me how to proceed despite of this email trail and NTC administrative hearing.

God bless.

Awaiting your advice accordingly asap.
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.***
Yours truly,


Mr. Elman    
Mob.: 0918XXXXX88
Ultera 998XXXX888 (Migrated from Canopy and WiMAX consecutively)

On Wednesday, January 8, 2020, 04:29:55 PM GMT+8, Elman   <    elman@yahoo.com> wrote:


Dear Atty. Lopez,

Please be truthful. You texted and said last December 17, 2019 that your team can provide the Certification after the cut-off date of the subscription you onerously terminated last December 10, 2018. You gave me a reason to believe that my Ultera internet subscription was not only erroneously changed, terminated, but as well still active in your collection agency and or billing department. Without this Certification you promised, together with the Formal Apology Letter, what document can prove that I do not have any outstanding balance and closed accounts or subscriptions and receivables from you. That is why, I texted you back to provide me a commensurate billing statement with zero outstanding balance, but you never replied anymore. Then now, aren't you lying by omission? I demanded several items in my notarized complaint, including full refund of all my payments! Please text me if these are all ready as you terminated my Internet subscription.

Dear DICT, NCP, NTC, DTI, DOJ, and President Duterte,

Good Day!

Please monitor this case. NTC Legal Hearing Department Officer, Atty. Millena claimed the last, 5th Hearing, she still do not understand my complaint. Please advise.

God bless.

Awaiting your advice accordingly asap.
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.***
Yours truly,


Mr. Elman    
Mob.: 0918XXXXX88
Ultera 998XXXX888 (Migrated from Canopy and WiMAX consecutively)



On Monday, December 23, 2019, 02:15:29 PM GMT+8, LOPEZ, Juan Antonio (Jay) R. wrote:


Dear Mr. Elman,

I am disappointed that despite our agreement during our hearing held last December 11, 2019 before NTC Hearing Officer Millena,  to amicably settle the matter and for you to sign the requisite “Release, Waiver and Quitclaim” in exchange for your requirements (including but not limited to the zeroing out of your outstanding balance and the issuance of a certification letter) , you were, without advise, a no-show last December 17 and 18, 2019 at our PLDT office.  

Personally, I was taken aback since I was scheduled to take my vacation leaves on those days but waited for you, in vain.

In this regard, it was clearly explained to you that based on the notarial law, our lawyers are commissioned and have limited territorial jurisdiction to administer oaths in Makati City only and not at your desired location in Imus, Cavite.

Should you decide to honor our December 11, 2019 agreement, I will be returning to work on January 6, 2020 and have complied with your requests.  Otherwise, I shall be turning the same over to another division who shall be assuming jurisdiction of all NTC matters for their appropriate disposition.

May you have a Merry Christmas and wishing you and your family the best this holiday season.

Best regards,

Atty. Lopez

----- Forwarded Message -----
From: consumer@ntc.gov.ph
To: Elman    <   elman@yahoo.com>
Cc: "ntclegalbranchfront@gmail.com"
Sent: Monday, January 6, 2020, 09:33:21 AM GMT+8
Subject: Re: Latest Mr. Elman     / Home Bro 0729018546 (HOME05:809138) [ ref:_00D7FzntY._5007FCOyqV:ref ] Formal Complaint vs PLDT - Smart Follow-Up


Good am,

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,
Victor A. Gusto
Administrative Assistant I
CWPD - NTC



From: "Elman     " <    elman@yahoo.com>
To: "privacy" , "Presidential Complaint Center (PCC)" , "FTEB - Mediation" , "Gregorio Honasan" , ntclegalbranchfront@gmail.com, consumer@ntc.gov.ph, commissioner@ntc.gov.ph, "Cwpd Feedback" , cwpd@ntc.gov.ph, "LOPEZ Juan Antonio (Jay) R." , "Asalilin Lbntc" , "aa01" , depcom1@ntc.gov.ph, depcom2@ntc.gov.ph
Sent: Saturday, December 21, 2019 12:48:18 AM
Subject: Re: Latest Mr. Elman     / Home Bro 0729018546 (HOME05:809138) [ ref:_00D7FzntY._5007FCOyqV:ref ] Formal Complaint vs PLDT - Smart Follow-Up

Follow up, please.
On Monday, October 28, 2019, 09:29:59 PM GMT+8, Elman      <      elman@yahoo.com> wrote:


28 October 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:   Gregorio Honasan II
Secretary of Department of Communications Technology
Ramon M. Lopez
              Secretary of the Department of Trade and Industry
Raymund Enriquez Liboro
              Privacy Commissioner and Chairman
Gamaliel Cordoba
               NTC Commissioner
SUBJ:     2nd Request for Assistance and Complaint
Dear Commissioner Liboro, et. al,
Good Day!



With all due respect, I would like to know if you have read the content on this email trail. Why would NPC ask me to file a formal complaint when you have this email trail and you are supposed to be provided by NTC Secretariat of my Complaint Affidavit, if not, be informed as well jointly? 

To sum it up, NTC Legal Department slated our Fifth Hearing on December 11, 2019 and PLDT counsel, Atty. Jay Lopez and Hearing Officer, Atty. Millena would not tackle the privacy complaint included in my complaint affidavit. I explained that you require that PLDT or the respondent must be informed of the requests and complaint on violation of Data Privacy or my privacy rights. That was the opportune time to discuss it because even during the CWPD mediation, the PLDT representatives refuse to discuss it. Before reaching out to NTC, all PLDT employees concerned direct me to NTC claiming this was the advice of their Legal Department. They do not respond to my emails as well, only saying my concerns were directed to their support groups. I would like to get all the voice recordings and transcripts, email copies, my billing statements copies as mentioned below because Atty. Lopez claimed my complaints were hearsays.

Atty.  Lopez has not contacted me as of writing this. He promised to Atty. Millena that he will email and text me last October 18, 2019 to update me on Payment Reports as basis to the full refund advice to no avail.

Please be thorough with your answers. Even DTI directed me to NTC without details which ones they will handle and which ones to the other DICT connected agencies!

So, when will you come in, during the NTC Legal Department Hearing or afterwards? What Joint Administration O are we following and how are you coordinating on issues like this?
I was inquiring at NTC as well what Memorandum Circulars apply to my complaints, although I have indicated them on my cause of actions on my complaint affidavit, but no one in the CWPD can explain to me. They advised I inquired personally to their OIC Atty. Molina. How can I do that? Correct me if I am wrong, even the DOJ Advisory on Unlimited Internet and the Joint DTI-DICT-NTC-NPC-DOJ Administrative Order No18-01 Series of 2018 both have not implemented according to Atty. Millena. So, who can also help me refund my payments and get a Letter of Apology from PLDT and Smart if this is the reality?

Awaiting your advice accordingly asap.

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.***
Yours truly,


Mr. Elman    
Mob.: 0918XXXXX88
Ultera 998XXXX888 (Migrated from Canopy and WiMAX consecutively)

On Tuesday, October 1, 2019, 08:46:16 PM GMT+8, Complaints NPC wrote:


Dear Mr. Elman,

Good day!

This is regarding your email on 01 October 2019 copy furnished complaints@privacy.gov.ph.

Thank you for your email.  If you feel that your rights to data privacy have been violated and if you wish to file a formal complaint regarding your concern before the National privacy Commission, you are hereby advised to submit a complaint affidavit.  

For easy access in forming your complaint, you may go to our website or to the link https://www.privacy.gov.ph/complaints-assisted/

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.

Thank you.


Complaints and Investigation Division
NATIONAL PRIVACY COMMISSION
ajkg/

From: Elman     <     elman@yahoo.com>
Sent: Tuesday, October 1, 2019 8:13 PM
To: consumer@ntc.gov.ph ; jhingcarpiobasilio@yahoo.com ; ntclegalbranchfront@gmail.com ; jrlopez@pldt.com.ph
Cc: cwpd feedback ; commissioner@ntc.gov.ph ; ntcncr ; depcom1@ntc.gov.ph ; depcom2@ntc.gov.ph ; dti@gov.ph ; secretary@dti.gov.ph ; consumercare@dti.gov.ph ; Complaints NPC ; mvpangilinan@smart.com.ph ; gregorio honasan ; aa01 ; asalilin lbntc ; pcc@malacanang.gov.ph ; CustomerCare ; customercare@pldt.com ; PLDT
Subject: Re: Latest Mr. Elman      / Home Bro 0729018546 (HOME05:809138) [ ref:_00D7FzntY._5007FCOyqV:ref ] Formal Complaint vs PLDT - Smart Follow-Up

Dear Atty. Jay Lopez,

Good Day!

I only read your below email a few minutes ago. Thank you for  keeping your words on the Collections issues. But I had informed you that you had disconnected my email last December 10, 2018, despite my ongoing complaint at your PLDT Imus Branch last November 9, 2018. I am referring as “You” because I was being brushed off my PLDT employees, referring to your Legal Department who advised that I proceed to NTC, and there you will answer me face to face. So, I have no email access, why didn't you just called me at 0918 XXXXX88? On the other hand, the next day after the hearing, I learned you continued to file your Motion to Dismiss that reached my address last week or so. I haven't read any solid defenses from you as you had been vocal from the hearing that you do not want me to continue talking about the merits of the case. Your read my complaint letter before I had it notarized after the hearing. I was clear on my demands from the start.
I was hoping as you promised upon receipt of my Complaint Affidavit, e.g., “formally” via Post Office, you will have your colleagues verify my complaint, narration, and demands there.
Please be informed I sent my notarized complaint to your office and to SMART, the same day of our third hearing to the addresses where the first and second summons by NTC Legal Branch were sent. I almost lost my wits and fainted just to have my complaint affidavit notarized to Justice Hall, Quezon City Municipal, sent the letter to the respondents via Post Office, show the receipts to the Secretariat and file the complaint letter and copies to them accordingly. I thought I won't accomplish this feat because I was given only 5 days to submit it despite I live in Imus Cavite, whilst the complaint letter was more than 20 pages and I had no budget for the cost expenses, but I did it. I submitted all copies to the NTC Secretariat the same day under the rain. Please confirm receipt or ask for a copy at the Secretariat.

Please send your proposal here in answer to my demands on the said notarized Complaint, then call me to confirm receipt. I expect as well that you had relayed my demands to your Data Privacy Officer as summarized in my recent email on below trail. I may have included my sentiments but they are supported by facts, please react to the service report numbers and recorded conversations your IVRS kept on repeating to take for quality assurance purposes.


Dear Ms. Jhing,

Please provide Atty. Lopez 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.
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.***

Yours truly 

Mr. Elman    
Mob.: 0918XXXXX88
Ultera 998XXXX888 (Migrated from Canopy and WiMAX consecutively)


----- Forwarded Message -----
From: LOPEZ, Juan Antonio (Jay) R.
To: Elman  <      elman@yahoo.com>
Sent: Thursday, September 12, 2019, 10:13:13 AM GMT+8
Subject: ADMIN CASE NO. 2019-066 - Elma    

PRIVATE AND CONFIDENTIAL


Dear Mr. Elman,

Anent our last NTC hearing last August 28, 2019 wherein we discussed privately after the hearing was adjourned and you requested for PLDT to temporarily suspend its collection efforts on your account, please be informed that as per your request, and as gesture of good faith, we have recalled your file from our collection agency.

In this regard, you also discussed and opened up regarding the hardship and costs of litigation and you further intimated that you were open to the possibility of an amicable settlement.

While we have not formally received your Complaint-affidavit, PLDT is willing to reciprocate and we are open to finding a solution for both parties.

In this regard, temporarily setting aside legal arguments and PLDT’s (solid) defenses, may I have a realistic settlement proposal where both parties would not have to endure the long, tedious and costly legal process? 

Please let me know by September 18, 2019, so that if need be, I will have time to elevate, discuss and secure approvals from the relevant group heads within the Organization.


Thanks and best regards,

Atty. Jay





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.

On Monday, August 12, 2019, 11:28:40 PM GMT+8, Elman  <    elman@yahoo.com> wrote:


Atty. Lopez, et. al

Thank you for your advice. However and with all patience, I was awaiting your compliance to approved correction of my internet to unlimited volume with speeds of 2 MBPS; and full MSF refund worth 40,000 plus pesos; as well as Letter of Apology for your handling of my complaint and disregarding compliance.  Also, I am reiterating that you were the one who suggested I email you.  I presented you my proof of payments opposing your Special Accounts Management/Specialist’s claims of non-payment.

Paid Statement dates:   10 Aug 2018        SM OR# 000052526 / Smart OR# BEVOR009286365
                                      10 Sep 2018        SM OR# 000061782 / Smart OR# BEVOR009365336
                                      10 Oct 2018        SM OR# 000071114 / Smart OR# BEVOR009446416

I demand that PLDT - Smart to cease and desist on sending me dunning collections SMS text messages, and recently via email and text by Mr. Rommel T. Garcia of legal2@admerexsolutions.com/ rgarcia@admerexsolutions.com Tel 2499311 / 09438101561 and ADMEREX text sender under Smart Buddy Prepaid. 

I expect as well that you had relayed my demands to your Data Privacy Officer as summarized in my recent email on below trail. I may have included my sentiments but they are supported by facts, please react to the service report numbers and recorded conversations your IVRS kept on repeating to take for quality assurance purposes.

***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)





----- Forwarded Message -----
From: LOPEZ, Juan Antonio (Jay) R.
To: Elman   <     elman@yahoo.com>
Sent: Friday, August 9, 2019, 2:42:39 PM GMT+8
Subject: RE: Mr. Elman  

Mr. Elman,

Please be reminded that our matter is now elevated to the Legal Department of the National Telecommunications Commission (“NTC” hereinafter).  As such, there are certain formalities that we must observe, one of which are compliance with the form and substance of the complaint. As such, it is suggested that you should be guided by the following provisions pertaining to the required format for a complaint, to wit:

Section 3. Complaint. — The complaint is the pleading alleging the plaintiff's cause or causes of action. The names and residences of the plaintiff and defendant must be stated in the complaint.
xxxx
Section 1. Caption. — The caption sets forth the name of the court, the title of the action, and the docket number if assigned.
The title of the action indicates the names of the parties. They shall all be named in the original complaint or petition; but in subsequent pleadings, it shall be sufficient if the name of the first party on each side be stated with an appropriate indication when there are other parties.
Their respective participation in the case shall be indicated.
Section 2. The body. — The body of the pleading sets fourth its designation, the allegations of the party's claims or defenses, the relief prayed for, and the date of the pleading. (n)
(a) Paragraphs. — The allegations in the body of a pleading shall be divided into paragraphs so numbered to be readily identified, each of which shall contain a statement of a single set of circumstances so far as that can be done with convenience. A paragraph may be referred to by its number in all succeeding pleadings.
(b) Headings. — When two or more causes of action are joined the statement of the first shall be prefaced by the words "first cause of action,'' of the second by "second cause of action", and so on for the others.
When one or more paragraphs in the answer are addressed to one of several causes of action in the complaint, they shall be prefaced by the words "answer to the first cause of action" or "answer to the second cause of action" and so on; and when one or more paragraphs of the answer are addressed to several causes of action, they shall be prefaced by words to that effect. (4)
(c) Relief. — The pleading shall specify the relief sought, but it may add a general prayer for such further or other relief as may be deemed just or equitable. (3a, R6)
(d) Date. — Every pleading shall be dated.

For expediency and clarity of our processes, please follow this format and in a coherent, if not chronological flow. This is also to ensure that we can clearly ascertain your causes of action and the remedies/reliefs sought. While strict technical rules may be dispensed for non-lawyers, it is still required that the complaint must be structured to clearly narrate the facts involved and the reliefs sought. This is also to enable us to give you a full, comprehensive and intelligible response. Unfortunately, based on what you want to transmit to us or have us receive at the NTC, it appears that your putative complaint is a long and rambling narration and/or email trail. While we want to understand your concerns, we cannot make haphazard guess as to what happened and what reliefs you want.  We cannot substitute our interpretation of the email over what you expressly want.

Thus, in order to protect both our interests, it is suggested that you clarify that issues involved  herein. Please note that all issues which are not raised in the Complaint are forever waived and barred.  Thus, after the submission and adjudication of the dispute, the decision becomes res judicata and forms the law as between the parties.

We understand that in writing your complaint, you are full of emotions making you include unnecessary facts and incidents e.g. reason for your non-appearance during the initial hearing. However, at the risk of sounding repetitive, kindly state only the ultimate facts, causes of action, date and time of each incident, cross referenced with supporting documents (if any), applicable laws and reliefs sought.

Finally, please be informed of the limited jurisdiction of the NTC, which only has the power to rule upon and fine telecommunications companies for violations of their franchise and existing NTC guidelines. The NTC has no power to rule / adjudicate over and much less award damage claims and the power to do so is lodged exclusively with the regular courts of law.  Under the specific terms and conditions of our (former) subscription agreement, exclusive jurisdiction is lodged in the courts of Makati City.

We look forward to answering your (duly numbered) complaint affidavit point by point whenever it is produced.  Ideally, it should be provided by fast courier to our address at least five (5) business days before our next hearing.

Thank you for your preferential attention and adherence to the very basic provisions of procedural due process.


Best regards,

Atty. Jay






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.


On Wednesday, August 7, 2019, 3:16:08 PM GMT+8, Elman  <    elman@yahoo.com> wrote:


07 August 2019


TO  Atty. JUAN ANTONIO R. LOPEZ
LAWSUIT MANAGEMENT DIVISION, PLDT
9/F Makati General Office Building
Legaspi cor. Dela Rosa Sts.,
Legaspi Village, Makati City 1229

Dear Atty. Lopez, et. al

Good Day!

This is to forward to you my formal e-mail complaint and I trust that yesterday’s second hearing with Atty. Pajel-Cruz, you had been furnished, as her honor already advised the stenographer, secretary of Atty. Millena, you to be furnished with the same complaint letters/files found on my Admin Case 2019-066 file folder. I had reiterated your assistance to cease and desist in sending me dunning SMS text messages, emails, missed calls your collection agents made without the intention of talking to me by having my cellphone ring just once then hang up.
This is to note as well the second hearing that should have started at 10:00 AM, we were advised late that Atty. Millena went to Singapore and cannot hear our admin case.

Beforehand, the first hearing was terribly done as I have not been sent a Summon. Whereas, you prayed for a copy of my complaint when you attended it slated last July 15, 2019. However, the reason for no-show wasn’t mentioned in the minutes of the meeting. On my disadvantage, the second Summon has provided that the respondent submit a complaint letter. Thus, a third hearing was set on August 28, 2019 at 11:00 AM as though we have to start all over again. It proves how the complainant suffers further and reflects the process or protocol in NTC.

Atty. Lopez, firstly, as per your request that I send to you via e-mail the summary of my complaint. I had sent you my letters to the assistance I sought from the Presidential Complaint Center; despite these were all cc’ed to your (SAM). Secondly, you mentioned that the Special Account Managers (SAM) informed you that I haven’t been paying my subscription 998XXXX888 since February 2018. Below are proofs that I have no obligations left/unpaid before Nov 2018 either during your PLDT Labor problem; wherein PLDT-Smart was understaffed and no one answer your PLDT Ultera Hotline 171, only the IVRS that recorded a promise that your agents will call me instead. All the service report numbers provided by IVRS are well enumerated along the email trails below. Please use the search option of your email application to hasten your search. I am no longer under your contract and I fought for the lock in period to be waived, but nobody honored it until the last minute and nobody acted for compliance of approved and signed For Your Approval/Action (FYA) documents and email trails. The last payment I made, with corresponding Official Receipts (OR) can be your basis that since time immemorial, I have no obligations left to Smart and PLDT or any third parties you let or allowed to access my account without my consent.

Paid Statement dates:   10 Aug 2018        SM OR# 000052526 / Smart OR# BEVOR009286365
                                       10 Sep 2018        SM OR# 000061782 / Smart OR# BEVOR009365336
                                       10 Oct 2018        SM OR# 000071114 / Smart OR# BEVOR009446416

By November 9, 2018, Ms. Reylinda Geluz, supervisor, over the phone, while I was in your PLDT SCC Imus Branch confirmed the full refund of monthly service fees (MSF) from March 2015 to present; and said she will check the approved correction from mandatory Ultera monthly capped internet subscription to Ultera Unlimited Internet Subscription. However; she refused to provide me a copy of the said approved and signed FYA last February 6 or 7, 2018 by Mr. Irwin De Guzman, PLDT Marketing Brand Manager. Please peruse the email trail as I kept on reiterating these 1st and 2nd signed and approved FYAs. I advised them I will no longer pay and expected the refund will be enough payment until sometime June 2019 if only half and most of the time no internet service is provided me. We are only talking the full refund of my payment approved last November 2, 2017, which your system kept eating while the Ultera unlimited volume internet connection with 2MBPS speed was bypassed and forgotten. So, the last bill I haven’t paid was for Statement Date 10 Nov 2018, one day after Ms. Geluz didn’t follow through her confirmation and promises. She even told me, no calls was made by her because she was just notified by Ms. Joe Maim, Head of Sagip Team, as FYI, only. She decided it meant she was notified but have no second thought whether to inform me of the approval or not. By December 2018, I already complained to NTC because PLDT-Smart cut by Ultera monthly capping subscription permanently with 5-day-advance billing. I never received my billing statements personally. I am refused a copy of my billing statements from February 2015 to November 2015 to show if I was billed a total of 2500 pesos for installation and modem fee, to be billed in six months installment; despite it was waived when I complained via email dated March 14 or 15, 2015. Please search it below email trail. Other details here are service report numbers supporting my claims and your replies.
You had given me a reason to ask you if you, by delaying the compliance by mentioning NTC and your legal department to drop the calls and point fingers, are insinuating that they are your Compliance Department. Thirdly, I had paid your more than the sum of 80,000 pesos and I had been open to be paid at least half or 40,000 pesos due to your breached of contract by not providing me even half the internet speed out of the unlimited internet offered in your website, contract, advertisement materials, marketing talks by your employees, etc. You can also read the exchange of emails between November 2014 and April 2015 that without my approval, you changed my internet connection from unlimited WiMAX to Ultera daily capping. When the approval was given to correct it to Ultera Unlimited Volume with the speed of 2MBPS last November 9, 2017 (1st FYA, with SLA generated report number or SR# 995 946 135, by SAM Senior Manager Althea Sablan) which was bypassed by your Customer Care Head, Ms. Abad mandatorily and wrongly migrated to Ultera monthly capping/throttling/churning. They even had a Titanium Team Ms. Anna Samson call me last February 14, 2018 to assist me migrating my current subscription to DSL without informing me the 2nd approval of Mr. De Guzman, as though I requested DSL. I never requested for a DSL. 
For the 2nd approval, please revisit the recorded conversation on this SR# 969 303 904 Vemerlyn Roche 11:50 AM and consequent service report numbers that account the email trail approval from November 2, 2017 to present. Who is lying? May I also follow up my demand of your official Letter of Apology from the negligence and seemingly misinformation your SAM relayed to you about my account, including my payments and your compliance to approved FYAs.
Lastly, I had invoked my Data Privacy Rights, and had sent my email letter addressed to your DATA PRIVACY OFFICER to provide me information ASAP of the 5 Ws and How my account was and continuously being accessed by your third parties and officers, for example, last February 7, 2019 (the current year) at 5:28 PM an automated SR# 1117712973 by a certain Culanag - Dumaguete (No remarks) System Generated for Data Privacy to determine if it was accessed only!System Initiative SR# Generation / No remark. He could have contacted me, even you, Atty. Lopez, to facilitate compliance, before resorting or handing over my account to your collection agencies, firstly to Arquillo Law Offices, and currently by Admerex Solutions Inc.
I pray, before the 3rd hearing on 28 August, 2019, I have received your favorable reply. Should you have questions, please don’t hesitate to reply as well. Please confirm receipt.
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.***

Yours truly

Mr. Elman    
Mob.: 0918XXXXX88
Ultera 998XXXX888 (Migrated from Canopy and WiMAX consecutively)




----- Forwarded Message -----
From: Kim Garcia
To: " ELMAN@YAHOO.COM" <      ELMAN@YAHOO.COM>
Sent: Monday, August 5, 2019, 01:51:42 PM GMT+8
Subject: HOME BRO ACCOUNT-URGENT!


Dear Smart/PLDT Subscriber, 
      Please be advised that your SMART Bro / Home Bro Ultera account is currently endorsed to Admerex Solutions due to your failure to settle after numerous reminders and efforts of our client to collect.  It is highly recommended that you coordinate with our office to avoid possible legal actions and further inconvenience. Please disregard if payment has been made. Thank you.
 For payment options, call (02) 2499311 / 09321683549 / EMAIL: legal2@admerexsolutions.com/ rgarcia@admerexsolutions.com

Protect Your Credit
Remit Payment Today
Payments are accepted thru:
Smart Center,Smart Money Padala, PLDT,Sun Cellular,Cebuana Lhuiller,7 eleven,LBC,Western Union,ECPay,Bayad Center,Banco de Oro, Metrobank,Chinatrust Bank, RCBC, Allied Bank, Eastwest Bank, GE Money Bank,Union Bank, Security Bank, BPI, PNB, HSBC,Robinsons Bank, One Network Bank


----- Forwarded Message -----
From: Kim Garcia
To: "      ELMAN@YAHOO.COM" <    ELMAN@YAHOO.COM>
Sent: Wednesday, July 17, 2019, 10:38:33 AM GMT+8
Subject: HOME BRO ACCOUNT-URGENT!

Dear Smart/PLDT Subscriber, 
      Please be advised that your SMART Bro / Home Bro Ultera account is currently endorsed to Admerex Solutions due to your failure to settle after numerous reminders and efforts of our client to collect.  It is highly recommended that you coordinate with our office to avoid possible legal actions and further inconvenience. Please disregard if payment has been made. Thank you.
 For payment options, call (02) 2499311 / 09438101561 / EMAIL: legal2@admerexsolutions.com/ rgarcia@admerexsolutions.com

Protect Your Credit
Remit Payment Today
Payments are accepted thru:
Smart Center,Smart Money Padala, PLDT,Sun Cellular,Cebuana Lhuiller,7 eleven,LBC,Western Union,ECPay,Bayad Center,Banco de Oro, Metrobank,Chinatrust Bank, RCBC, Allied Bank, Eastwest Bank, GE Money Bank,Union Bank, Security Bank, BPI, PNB, HSBC,Robinsons Bank, One Network Bank

Thank you,
Admerex Solutions Inc.
_____

On Thursday, July 25, 2019, 10:21:01 AM GMT+8, Elman   <     elman@yahoo.com> wrote:


Dear Atty. Molina, et. al,

Good Day!

Please clarify what the attached Summons means for ADM CASE NO. 2019-066? Please be informed that I haven’t received your Summons to my billing address to date.
My billing address and cellphone number is:

__________________________________ Cavite
Mob. 0918 XXX-XX88
  ***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)


On Thursday, July 4, 2019, 02:16:17 PM GMT+8, wrote:





Good am Sir Elman,

With regards to your case, please be advised that you may refer all your queries to the Legal Branch of this Commission thru their Tel. Numbers 9243746 and 9243736 since all pertinent documents / records have already been forwarded to the aforementioned Department last June 10 for proper handling.

For your guidance and information.

God bless


CWPD

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