Manila: The Department of Justice (DOJ) said it is evaluating the complaint filed by Energy Secretary Sharon Garin against Batangas lawmaker Leandro Leviste and officials of a company that failed for seven years to deliver on a contract with the government for the supply of renewable energy.
According to Philippines News Agency, in an eight-page complaint personally filed by Garin before the DOJ, it was explained that the Leviste-controlled firm, Solar Para Sa Bayan Corporation (SPSB/SPBC), was granted a 25-year legislative franchise to install renewable energy technology microgrids in selected areas of the country. The complaint alleges that almost seven years have passed since the legislative franchise was granted, and the respondents, being the incorporators, directors, and/or officers of SBSC/SPBC, have not complied with their obligations under the franchise.
Garin highlighted that the project led by Leviste, who established another firm, Solar Philippines Power Projects Holdings Inc. (SPPPHI), is located in the towns of Calatagan, Lian, and Balayan, all within the first congressional district of Batangas, where Leviste currently serves as representative. SPPPHI is facing a PHP24 billion fine and contract cancellations from the Department of Energy (DOE) for not fulfilling commitments, including contracts totaling 12,000 MW.
Garin stated that the neglect and failure to fulfill obligations under the legislative franchise of SPSB/SPBC, along with the preference for operating another corporation, SPPPHI, are indicative of fraud, defeating public convenience and justifying the piercing of the corporate veil to hold the respondents personally liable. The complaint involves provisions of the Republic Act 11659 or Public Service Act, which holds liable any person or juridical entity who knowingly and willfully neglects or fails to undertake covered obligations, punishable by a fine not exceeding PHP2 million or imprisonment of up to 12 years.
DOJ spokesperson Polo Martinez informed reporters that the complaint has not yet been formally docketed before the DOJ as it remains under evaluation. He added that if the evidence is found sufficient, the complaint will be docketed for a preliminary investigation. Besides Leviste, the named respondents include the incorporators and board members of the SPSB/SPBC, namely Antonio C. Legarda Sr., Benjamin C. Legarda, Antonio B. Legarda Jr., Hazel Iris P. Lafuente, and Irma C. Flaminiano.
