MANILA, Philippines — The Department of Justice (DOJ) on Thursday said the criminal complaint filed by Energy Secretary Sharon Garin against Batangas 1st District Rep. Leandro Antonio Leviste and several officials of the Solar Para Sa Bayan Corporation (SPBC) has not yet been docketed and remains under evaluation.
DOJ spokesman Polo Martinez said the complaint was still being assessed to determine whether the evidence was sufficient to proceed with a preliminary investigation.
“At present, the complaint has not yet been docketed as it is still under evaluation,” Martinez said in an interview. “If the evidence is found sufficient, it will be docketed for preliminary investigation.”
The filing, submitted to the DOJ on Wednesday named Leviste—who serves as SPBC chairman, president, chief executive officer, and director—as well as other corporate officials Antonio Legarda Sr., Benjamin Legarda, Antonio B. Legarda Jr., Irma Flaminiano, and Hazel Iris Lafuente, who also holds the posts of corporate secretary and treasurer.
In her complaint-affidavit, Garin accused the respondents of violating Commonwealth Act 146 or the Public Service Act, as amended, in connection with their alleged failure to comply with the obligations of their legislative franchise under Republic Act 11357.
Garin alleged that SPBC failed to implement its mandated electrification projects for remote and underserved communities despite being granted a 25-year franchise in 2019. She said the Department of Energy (DOE) has no record of any application for permits, licenses, or other regulatory approvals submitted by the company to implement its obligations.
Citing DOE certification, Garin said the agency had no record of SPBC applications for permits or approvals, except for an application related to a Solar Energy Contract for the Paluan Solar Project in Occidental Mindoro. However, she said there was no record of a signed Solar Energy Service Contract or any evidence that the project had been implemented.
The DOE likewise reportedly found no submissions from SPBC of required reportorial compliance under its policies and under Republic Act 9136 or the Electric Power Industry Reform Act (EPIRA).
Garin also cited Section 4 of Republic Act 11357, which authorizes the DOE to identify remote and underserved areas to be served under the franchise and requires SPBC to secure permits and licenses prior to operation. She stressed that such regulatory clearances from the DOE, Energy Regulatory Commission (ERC), and other agencies are a prerequisite to lawful operation.
She further argued that under the franchise law, SPBC may be deemed ipso facto revoked if it fails to operate continuously for two years.
“Clearly, there is no gainsaying that SPBC, through its board of directors and corporate officers, knowingly and willfully neglected, failed, and omitted to perform the services it is obligated to render under RA 11357,” Garin said in her complaint.
She added that the alleged failure to operate may give rise to liability under the Public Service Act, independent of any franchise revocation.
Garin also noted that while SPBC remained inactive in its franchise obligations, another firm linked to Leviste—Solar Philippines Power Project Holdings—has continued to engage in renewable energy operations.
