Team size: 13  

Key Team members: Adel A. Tamano, chief revenue officer for enterprise business; Holy, T. Ampaguey, head of compliance and legal services; Ariel S. Magno, director of legal department; Rico A. Limpingco, deputy head of legal. 

What are the most significant cases or transactions that your legal team has recently been involved in? 

Firstly, the syndication loan for DITO Telecommunity Corporation, where our legal and compliance team recently secured a US$3.2 bn syndication loan for the company. This loan is crucial for DITO’s long-term capital and operational needs, allowing the company to expand its infrastructure and compete in the telecommunications market. The successful negotiation and execution of this loan highlighted our team’s expertise in handling large-scale financial transactions and our ability to collaborate with multiple stakeholders, including international banks and financial institutions. 

Secondly, the renewal of DITO’s franchise. Our legal team successfully navigated the renewal of DITO’s franchise (Republic Act No. 11537), ensuring the company’s continuity for the next 25 years. This was a significant milestone for us as this franchise renewal ensures that DITO can continue to operate and provide competitive telecommunication services. 

Thirdly, we are becoming a data privacy and protection champion, dedicated to safeguarding the organisation’s assets, identifying and combatting cyberthreats, including recovery from any cyberattacks. Focusing on data privacy and protection, we institutionalised and implemented several guidelines on data privacy, conducted processes and data mapping, and engaged service providers for data protection. In collaboration with the business, commercial and technology units of the Company, we ensured compliance with the Data Privacy Act (Republic Act No. 10173), Cybersecurity policies, and such other mandates of the Department of Information and Communications Technology (DICT), National Telecommunications Commission (NTC), National Privacy Commission (NPC), National Security Council (NSC), and such other regulatory agencies.  

Additionally, we have successfully passed the annual technical audit. Pursuant to the Company’s unique congressional franchise and CPCN terms and conditions, DITO is imposed with a 5-year committed level of service (CLoS) wherein an annual independent audit (IA) is conducted to test and measure its network commitments and technical capacity. During the past four (4) annual IAs, the Regulatory team coordinated with the concerned technology units to ensure that it will meet and pass its cumulative national population coverage and average broadband speed. At present, we are preparing for the 5th IA and looking forward to passing the same. 

On 30 September 2021, DITO launched its Mobile Number Portability (MNP) services to the public in compliance with the MNP Act (Republic Act No. 11202) and its implementing rules and regulations (IRR). MNP is a global practice enabling mobile phone customers to keep their number even when they switch networks or change their subscription from postpaid to prepaid and vice versa, free of charge. To efficiently implement MNP in the country, we participated in legislative initiatives and served as a resource speaker to the Technical Working Group (TWG) for the drafting of the IRR of the MNP Act. We also participated in the formation of a joint venture composed of DITO, Globe, and Smart that acts as the MNP Service Provider (MNPSP), called the Telecommunications Connectivity, Inc. (TCI). 

Lastly, our team has focused efforts on SRA Implementation. On 18 December 2023, DITO implemented the SIM Registration Act (“SRA”; Republic Act No. 11934). SRA is designed to deter crimes, illegal and irregular activities, or at the very least lessen the wrongdoings perpetrated through utilisation of modern technology (i.e. mobile telephones), which not only endangers people’s lives, causes damage to property, poses hazards to public order, but even threatens the national security. Currently, we are in coordination with the NTC and the concerned commercial and technology units of the Company to comply with the SRA Validation Guidelines issued by the NTC, and to improve the SIM Registration processes of DITO by including among others, Optical Character Recognition (OCR), In-App Selfie, Data Matching, Face Liveness Check, Pre-Registration and Post-Registration Validation processes.  

Could you share an example of a time when you came up with an innovation that improved how your legal team works and did not come at a large expense? 

We recently developed a centralised legal management system that has been a significant help for us and the company. This system integrates document management and collaboration tools into one platform, streamlining our workflow. By automating routine tasks, we have cut down on the time and resources spent on administrative functions. The result is a more efficient and responsive in-house counselling team. 

On the data privacy management, we integrated to the Company’s system the use of DPOinBOX Software as a Service (SaaS) platform to implement a robust data privacy and protection management program, achieve a dynamic operational compliance with data protection laws, and demonstrate a working accountability to regulators. DPOinBOX is a data privacy compliance and collaboration management tool that helps the Regulatory team to productively manage the process of governance, risk, and compliance with data protection laws. 

This tool helps us to: (a) govern privacy activities across the organisation; (b) identify various sources of risks as a first step towards compliance to data protection and privacy laws; (c) manage the entire data protection and privacy program by monitoring identified risks and device action plans to treat those with major business impact; (d) sustain data privacy initiatives and perform on-site audit; and (e) respond to privacy incidents arising from breach or when customers request access to certain information. 

At present, we are developing a Permit Monitoring System (PMS) application to monitor compliance with the permitting and licensing requirements of DITO to different regulatory agencies. 

How do you see the role of in-house legal teams evolving in the Philippines over the next five-ten years? 

We see in-house legal teams in the Philippines taking on more strategic roles. With technology advancing rapidly and regulations becoming more complex, in-house legal teams need to be proactive, creative, and strategic. Legal teams will not only provide legal advice but also contribute to business strategy and risk management. Embracing digital transformation will be key, with tools like AI and data analytics helping us work more efficiently. Adapting to these changes will be crucial for staying relevant and effective.  

Which recent political, economic or regulatory changes have impacted your work the most in recent years? 

Recognising the significant role of telco industries to fight the continued proliferation of text scams/spams and the reported use of SIMs in illegal POGO operations, DITO has been proactive in cooperating with the government to formulate policies and enforce countermeasures to ensure a quality, safe, reliable, and secured telecommunications services to the public. This initiative includes, among other: (a) blocking of SIM cards used in spam/scam activities, (b) deactivation of clickable person-to-person URL and URL shortener in text messages, and (c) strict implementation of SRA Pre- and Post-validation guidelines. Towards this end, our Legal and Regulatory teams provide support and assistance to business, commercial, and technology units to ensure that all systems, mechanisms, and procedures to eliminate the perpetration of crimes through mobile phones or ICT complies with the existing laws, rules, and regulations. 

How do you motivate and manage your legal team well? 

Compliance and legal services team is managed by fostering collaboration and accountability among the team. We provide clear roles and responsibilities to different function units within the Legal and Regulatory teams to avoid overlaps and miscommunications. Further, we have a regular meeting with team leaders to discuss successes, challenges, and to request from each function what help is needed. 

In regards to motivating the team, we empower function leads to take on more responsibilities and to be confident in facing the business, commercial, and technology groups. We encourage them to be proactive by giving updates and constant monitoring of pending concerns. With this, functions are now more recognised by all units of the company, and good rapport and relationships are gained. 

Are the effects of AI on the legal world overplayed, or underplayed? 

The potential of AI in areas like contract management, legal research, and compliance monitoring is significant, offering substantial improvements in efficiency. However, the impact is often overstated when it comes to complex decision-making and strategic advisory roles, which still require human expertise and judgment.