The Manila Times
THE Department of Justice (DOJ) said on Thursday the criminal complaint filed by Energy Secretary Sharon Garin against Batangas 1st District Rep. Leandro Antonio Leviste and several officials of Solar Para Sa Bayan Corp. (SPBC) is under evaluation and has not been docketed. DOJ spokesman Polo Martinez said the complaint is still being assessed to determine whether the evidence submitted is sufficient to proceed to a preliminary investigation. The complaint, filed on Wednesday, named Leviste — who is also SPBC chairman, president, chief executive officer and director — as well as other corporate officials Antonio Legarda Sr., Benjamin Legarda, Antonio Legarda Jr., Irma Flaminiano and Hazel Iris Lafuente, who also holds the positions of corporate secretary and treasurer. Garin accused the respondents of violating Commonwealth Act 146, or the Public Service Act, in connection with alleged noncompliance with obligations under Republic Act (RA) 11357, which granted SPBC a 25-year legislative franchise in 2019. She alleged that the company failed to implement its mandated electrification projects for remote and underserved communities. She said records from the Department of Energy (DOE) showed no applications for permits, licenses or regulatory approvals submitted by SPBC for the implementation of its obligations, except for an application linked to a Solar Energy Contract for the Paluan Solar Project in Occidental Mindoro, which likewise had no confirmed implementation. Garin cited a DOE certification that the agency had no record of SPBC submissions of required reportorial compliance under its rules and under RA 9136, or the Electric Power Industry Reform Act. She also pointed to provisions under RA 11357, which require SPBC to secure DOE identification of service areas, as well as permits and licenses from the Energy Regulatory Commission and other agencies prior to operation. Failure to operate continuously for two years could result in the franchise being deemed ipso facto revoked, she said. She said the alleged non-operation could lead to liability under the Public Service Act, independent of any franchise revocation proceedings. Garin also noted that while SPBC was remiss in fulfilling its franchise obligations, another firm linked to Leviste — Solar Philippines Power Project Holdings (SPPPH) — has continued renewable energy operations. The DOE said it fined SPPPH for P24 billion earlier this year for alleged failure to deliver committed projects. The agency also canceled 163 power supply service contracts totaling around 17,000 megawatts, including 28 contracts held by Leviste’s company with commitments amounting to 12,000 megawatts of solar capacity, or about 60 percent of the DOE’s projected supply targets.
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