MANILA, Philippines – The Office of the Ombudsman announced on Friday, July 31, that plunder and graft complaints are currently pending against Senator Loren Legarda and her son Batangas 1st District Representative Leandro Leviste over the latter’s solar energy projects.

Ombudsman Jesus Crispin “Boying” Remulla said that the complaints are currently under preliminary investigation.

This means they are at the final step of the probe, and prosecutors will now decide whether these complaints will be filed before the courts.

“Plunder, tapos (then) [Republic Act No.] 3019, 3(h), 3(i), and 3(e). Conflict of interest is one of them,” said Remulla.

RA 3019 is the Anti-Graft and Corrupt Practices Act, and Sections 3e, 3h, and 3i refer to the following:

“(e) Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions. 

“(h) Directly or indirectly having financial or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest. 

“(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of a board, panel or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group.”

Conspiracy

Apart from Legarda and Leviste, the Ombudsman also included Duterte-time energy secretary Alfonso Cusi in the complaints for their conspiracy “to secure exclusive government rights over the country’s solar energy resources through legislative and regulatory actions.”

Investigators found that several exclusive solar energy service contracts were awarded to companies within a network. However, many of these projects were never developed. 

The investigative body also alleged that the number of contracts obtained by Leviste “created a virtual monopoly of solar energy projects.” On top of this, the probe also revealed that some service contracts were transferred to affiliated corporations that only exist on paper, but had not started operations. 

“All indicators point to the fact that they had no intention to fulfill contracts that they had garnered. The terminated contracts resulted in more than ₱10.44 billion in unpaid financial obligations to the government,” the Ombudsman said. 

“The investigation further concluded that the failure to develop the contracted renewable energy projects deprived the country of additional power generation capacity and contributed to higher electricity costs ultimately borne by Filipino consumers,” it added.

In a statement on Friday, Legarda said she has yet to receive information regarding the allegations. “But I can categorically state that the reported accusations are utterly baseless and no public funds were involved. We are prepared to bring out the truth,” the senator explained.

“We urge the public to be discerning, especially in light of the timing and nature of these allegations. We remain confident that once the facts are laid bare, we will be vindicated and our names cleared,” she added. 

‘So young…’

Last January, Remulla said Leviste was being investigated for “flipping” his firm Solar Philippines to tycoon Manny Pangilinan after securing a franchise to put up solar microgrids in select provinces nationwide during the Rodrigo Duterte administration.

“Kasi dapat yun yung franchise ‘di dapat ninenegosyo yun e. Batang-bata binebenta mo yung franchise, wala ka bang kahihiyan? Anong klaseng Pilipino yan?” he said. 

(A franchise shouldn’t be made into a business. He’s so young yet he’s selling a franchise, has he no shame? What kind of Filipino are you?) 

“National franchise, renewable energy, critical to the national life tapos ganun lang? Tapos, ‘bebenta mo, fi-flip mo lang? Nanay mo [Loren Legarda] pa senador,” Remulla said.

(National franchise, renewable energy, critical to national life and then you sell just like that? You sell it, you flip it. And your mother is even a senator.) 

Duterte signed Republic Act No. 11357 into law on July 31, 2019, providing a franchise to Leviste’s Solar Para Sa Bayan Corporation.

Leviste denied also in January that he took advantage of the franchise granted in 2019 to his company, Solar Para sa Bayan Corporation, for personal gain. 

“Wala akong bineneta na prangkisa na kumita ako,” he said. (I did not sell any franchise where I earned a profit.) 

More details to follow.

– Rappler.com