MANILA, Philippines – A Makati City court ordered the arrest of Batangas 1st District Representative Leandro Leviste over alleged violation of the Public Service Act.

“You are hereby commanded to arrest Leandro Antonio Leviste, who is/are said to be found in/at N/A… Calatagan, Batangas, Calabarzon or elsewhere, and who has/have been charged before me with the offense of Public Service Act (Section 25 of Commonwealth Act No. 146, as amended by Republic Act No. 11659) and bring him/her/them forthwith before me to be dealt with according to law,” the warrant issued by Makati City Regional Trial Court Branch 235 Presiding Judge Ricardo Moldez II states.

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The bail is set at P72,000.

The Public Services Act, among others, provides for the proper regulation of public services like electricity.

Section 25 of the law punishes individuals or organizations, if found guilty, with a fine not exceeding P2 million and/or by jail time of not lower than six years and one day, but not higher than 12 years.

Leviste and his mother, Senator Loren Legarda, have been overseas since August, according to the Bureau of Immigration. Legarda is on medical leave until October 9.

News of the mother and son’s departure came days after Ombudsman Jesus Crispin “Boying” Remulla announced that different legal actions – plunder and graft complaints – are currently pending against Legarda and Leviste over the latter’s solar energy projects.

‘No harm, no foul’

In a Facebook post, lawyer Tony La Viña, spokesperson for Legarda, said their camp expected and was prepared to respond to the warrant against Leviste. 

La Viña said there was no crime committed by Leviste and his company, Solar ng Bayan. The complaint stands on the allegation that the company did not implement the franchise and therefore allegedly violated the law. 

The lawyer said the company is not a public utility covered by the Public Service Act, so Leviste and his companies cannot be charged for a crime under a law that does not apply to them.  

“Second, the franchise was not implemented because the Department of Energy did not issue the necessary rules and regulations required by the franchise. And nor did it identify the places where the franchise could be implemented. Because of this failure, as provided by the law itself, the franchise was ipso facto revoked,” La Viña said. 

“Third, and this is more technical, you cannot invoke a general penal clause of a law without identifying specific provisions in the law which an accused has committed. In other words, ‘no harm, no foul,’” he added. – Rappler.com

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