THE Department of Energy (DOE) will leave its cases against Batangas 1st District Rep. Leandro Leviste and companies linked to him to prosecutors and the court, Energy Secretary Sharon Garin said.
Garin issued the statement after Leviste’s camp maintained that there was no criminal basis for the complaints arising from investigations into his solar ventures.
The DOE has referred the criminal aspects of the dispute to the Department of Justice (DOJ), while the Office of the Solicitor General is handling the civil proceedings, Garin said.
“Whether the cases are strong, weak or winnable is for the courts to decide — not the DOE, the accused or their lawyers,” Garin said. “We will discuss the merits in court.” Lawyer Tony La Viña, spokesman for Sen. Loren Legarda and part of her legal team, has described the investigations involving the senator and her son as “lawfare” and political persecution.
La Viña said Legarda had no ownership or management role in Solar Para sa Bayan Corp. (SPBC) or any Solar Philippines company, and did not receive government funds from the ventures. He also argued that the failure of a private business venture did not necessarily constitute a crime.
Legarda and Leviste are facing preliminary investigation by the Office of the Ombudsman over plunder and graft complaints involving alleged irregularities in solar projects and P10.44 billion in unpaid obligations.
Both have submitted counter-affidavits, and no criminal charges arising from the Ombudsman investigation have been filed in court.
The DOE’s legal actions cover several separate matters. In May, the agency filed a complaint with the DOJ against Leviste and five SPBC officials for alleged violations of the Public Service Act. The DOE said SPBC failed for nearly seven years to fulfill obligations under the 25-year legislative franchise granted by Republic Act 11357.
The agency later filed a supplemental complaint in an estafa case against Leviste and two SPBC officials before the Taguig City Prosecutor’s Office. The complaint involves the company’s alleged failure to deliver capacity due in December 2025 and maintain the required performance security under the first Green Energy Auction.
In June, the DOE also filed a civil case before the Taguig Regional Trial Court seeking about P1.18 billion over the failure to deliver a 120-megawatt solar project awarded under the first auction.
The government is separately pursuing about P24 billion in penalties and other obligations arising from 33 terminated renewable energy contracts linked to Solar Philippines Power Project Holdings Inc. The contracts represented about 11,428 MW of planned capacity and covered performance bonds, contractual commitments and other financial obligations, according to the DOE.
Leviste’s camp disputes the P24-billion figure and maintains that all penalties imposed on the company have been paid.
