In a two-page resolution of the CA Special 12th Division by Justice Ricardo Rosario dated last Nov. 16, the appellate court, however, put off issuing the restraining order sought by the parties. The ruling was concurred by CA Justices Eduardo Peralta and Ma. Luisa Quijano-Padilla.
"Without necessarily giving due course to the instant petition for certiorari, the National Telecommunications Commission is directed to file its comment/opposition on the petition and on petitioner's prayer for injunctive relief, within 10 days from notice," the CA ruled.
The petitioner may file a reply within five days from receipt of the comment.
Now Telecom had sought to stop the bidding process scheduled by the government last Nov. 7 for the country’s third telco player. Mislatel Consortium was eventually declared as the third telco player.
China Telecom would have a 40-percent stake in Mislatel, Udenna Corp. would take up 35 percent, while its subsidiary, Chelsea Logistics, would have 25 percent.
Rival bidders PT&T and SEAR Telecoms were also turned down by NTC during the bidding process.