By Benjamin Pulta
MANILA – The Department of Justice (DOJ) on Thursday 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.
In an eight-page complaint personally filed by Garin before the DOJ last Wednesday, Garin 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.
“To this date, it has been almost seven years since the legislative franchise was granted to SPSC/SPSB. During this period, the respondents, being the incorporators, directors, and/or officers of SBSC/SPBC, failed to comply with their obligations under the franchise,” she said in her complaint.
Garin noted that the project led by respondent Leviste, who put up another firm Solar Philippines Power Projects Holdings Inc. (SPPPHI), is based in the towns of Calatagan, Lian and Balayan, all within the first congressional district of Batangas, to which Leviste currently serves as representative.
So far, SPPPHI is facing a PHP24 billion fine and contract cancellations from the Department of Energy (DOE) for failing to deliver on commitments, including contracts totaling 12,000 MW.
“As such, the willful neglect and failure to fulfill the obligations under the legislative franchise of SPSB/SPBC, coupled with the disregard of the obligations therein in favor of the operation of another corporation, SPPPHI, are badges of fraud that defeat public convenience and warrant the piercing of the corporate veil, thereby holding the respondents personally liable,” Garin said.
The complaint involves provisions of the Republic Act 11659 or Public Service Act, which makes liable “any person, including juridical persons, who knowingly and willfully neglect, fail or omit to do (a covered undertaking) may be held liable by a fine not exceeding PHP2 million or by imprisonment of up to 12 years.”
“As for the complaint filed, it has not yet been formally docketed before the DOJ as it remains under evaluation,” DOJ spokesperson Polo Martinez said in a message to reporters.
“Should the evidence, upon evaluation, be found sufficient, the complaint will be docketed accordingly for the conduct of a preliminary investigation,” he added.
Aside from Leviste, also named respondents are 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. (PNA)
