A MAKATI court has ordered the arrest of Rep. Leandro Leviste after the Department of Justice (DOJ) charged him and two officers of Solar Para Sa Bayan Corp. (SPSBC) with violating the company’s legislative franchise.
The DOJ said the charge was filed before the Makati City Regional Trial Court (RTC) on Sept. 29 against Leviste, Hazel Iris Lafuente Buencamino and Irma Flaminiano, in their capacities as incorporators and corporate officers of SPSBC.
They were charged with violating Section 25 of Commonwealth Act 146, or the Public Service Act, as amended.
Local Government Secretary Jonvic Remula said the government is set to file a request for red notice to the Philippine Center on Transnational Crime against Leviste, who has been out of the country since Aug. 2.
The case stemmed from the DOJ’s finding of prima facie evidence with reasonable certainty of conviction that SPSBC willfully neglected and intentionally failed to comply with obligations imposed under its legislative franchise.
The department confirmed that Makati RTC Branch 235 issued a warrant for Leviste’s arrest, with bail fixed at P72,000.
DOJ spokesman Polo Martinez said the issuance of the warrant and the terms of the bail are matters within the jurisdiction of the court.
Martinez also cautioned against drawing conclusions about Leviste’s passport at this stage, saying it is “still too early to say whether any action will be taken” with respect to his travel document.
Under the New Philippine Passport Act, there are specific grounds for cancellation of a passport, including when the holder has been convicted of a criminal offense or has been declared a fugitive from justice, in both cases upon order of the court.
Neither circumstance is present at this time, he said.
SPSBC is a renewable-energy company involved in providing electricity through solar-powered systems. Leviste is among the company’s incorporators and corporate officers.
The criminal case centers on alleged noncompliance with obligations attached to SPSBC’s legislative franchise. Under the Public Service Act, franchise holders are required to comply with conditions governing their public-service operations.
The National Bureau of Investigation (NBI) will coordinate with the Bureau of Immigration (BI) to determine the official immigration status of Leviste and to serve a warrant for his arrest.
NBI Director Melvin Matibag said on Wednesday that authorities would first verify Leviste’s status with the BI as they move to enforce the warrant issued by the Makati RTC.
Dated Oct. 5, the warrant signed by Presiding Judge Ricardo Moldez II authorizes Leviste’s arrest, with bail fixed at P72,000.
The NBI-BI coordination is expected to clarify whether Leviste remains outside the country and what immigration records show about his current status before authorities proceed with the warrant.
The congressman’s camp has previously stated that he is in France attending to his mother, Sen. Loren Legarda, as she undergoes medical treatment.
Leviste on Wednesday thanked his supporters and told them not to worry in a Facebook post made after the arrest warrant was issued against him.
“Thank you to everyone who is supporting me. Do not worry about me, this is only a small matter compared to other things happening. You are the ones I am worried about,” Leviste said in a post on his Facebook account.
Leviste is also facing plunder and graft charges before the Ombudsman over alleged irregularities involving solar energy projects, with the anti-graft body citing more than P10.44 billion in unpaid government obligations.
Batangas 2nd District Rep. Gerville Luistro on Wednesday called for respect for the Ombudsman’s investigation into her colleague.
“I have no concrete understanding of the legal repercussions of the franchise that he applied for and was eventually granted to him. But the least I can say is we should respect the investigation that was conducted by the Office of the Ombudsman,” Luistro said.
Luistro said she was surprised by the case involving Leviste’s solar energy franchise, citing the Department of Energy’s position that the franchise’s obligations were not delivered for the government.
Luistro also said she had no information on Leviste’s whereabouts amid reports that he had been accompanying his mother, who is undergoing medical treatment.
The Manila Times had sought comment from Leviste regarding the warrant but has yet to receive a response.
WILLIAM DEPASUPIL, JAMES DANIEL DANIO AND IZEL ABANILLA
