Rio denies Drilon’s claim Mislatel franchise “void ipso facto”

(Eagle News)—Department of Information and Communications Technology Acting Secretary Eliseo Rio on Saturday, Jan. 26, denied Senator Franklin Drilon’s claim the franchise of Mindanao Islamic Telephone Co. was void “ipso facto.”

Mislatel is part of the consortium that was named the third telco player in the country.

In a hearing by the Senate public services committee on Friday, Jan. 25, Drilon said that the franchise of Mislatel was “ipso facto” revoked because it failed to operate within a year after April 1998, when its franchise was granted.

According to Rio, when asked during the pre-qualification period, Congress itself told the National Telecommunications Commission that “on record” Mislatel’s franchise was never revoked.

“In other words, since there is no declaration of revocation by competent authorities, NTC has no right to consider the francise as revoked as the presumption of regularity and the validity of the franchise must be respected,” he said.

According to Rio, in addition,for a franchise to be revoked, the Supreme Court said “there must be due process” since it was a “property right.”

He said the “proper action” to take for the revocation was a quo warranto petition, but “to date,” he said none has been filed.

As a result, he said if Mislatel’s franchise is deemed revoked without due process, this would bring the Philippines to the “dark ages.”

“The truth is that so many telcos may have in one way or another ‘violated’ their franchises, but without due process, none of these franchises have been actually revoked,” he explained.

In any case, he said Drilon’s points have already been discussed, with the (House of Representatives) approving the “transfer of Mislatel’s franchise to the consortium and  “(bringing) it up for the consideration of the Senate.”

“The Senate will still vote on it as a body, before it can be finally resolved whether Mislatel would be the third telco. All these are within the post-qualification requirements of the selection process and still within schedule as the deadline is on February 17, 2019,” he said.

He also urged Congress to  “consider changing some of the provisions in the franchise it grants telcos.”

“For example, it is almost impossible now to roll out and become operational within a year as a telco. Much more if there are fortuitous events like natural and man-made calamities that can delay the roll-out. This would make franchises much easier to comply with,” he said.