Court orders arrest of Batangas Rep. Leviste

MANILA, Philippines — The arrest warrant, issued by Judge Ricardo Aglugub Moldez II of the Makati Regional Trial Court Branch 235, came to light yesterday after National Bureau of Investigation (NBI) Director Melvin Matibag had received a copy.

Leviste and SPSBC corporate officers Hazel Iris Lafuente Buencamino and Irma Flaminiano face charges for allegedly violating Section 25 of the Public Service Act, which penalizes those who knowingly and willfully neglect or fail to perform the functions of a public service corporation or company.

The case stemmed from a Department of Energy (DOE) complaint filed with the Department of Justice (DOJ) in May, alleging that SPSBC failed to construct and provide electric power to customers and end users in remote, unviable, unserved or underserved areas as required under its 2019 congressional franchise through Republic Act 11357.

The DOJ said it found prima facie evidence with reasonable certainty of conviction that SPSBC “willfully neglected and intentionally failed to comply with its obligations under its legislative franchise,” according to spokesman Polo Martinez.

Buencamino and Flaminiano posted cash bonds of P72,000 each on Tuesday. Leviste’s bail was also set at P72,000.

‘Post bail in person’

Leviste is currently abroad, reportedly in France or Germany, where he has been taking care of his mother, Sen. Loren Legarda, who is on medical leave. They have been out of the country since August.

“He is considered a fugitive from justice,” the NBI chief said, “because the court is finding him and has issued an arrest warrant.”

The NBI said it would coordinate with the Department of Foreign Affairs to cancel Leviste’s passport, the Bureau of Immigration to identify his whereabouts and the House of Representatives to revoke his travel authority.

The bureau will also determine whether Interpol can issue a red notice against him.

“Face the charges, face the accusations because nothing can be done by someone who is hiding,” Interior Secretary Jonvic Remulla told Leviste yesterday.

The DOJ said Leviste must first submit himself to the jurisdiction of the Makati court before he can post bail.

“As a general rule, an accused must first submit to the jurisdiction of the court, either through arrest or voluntary surrender, before bail may be granted,” Martinez said.

“Thus, if the accused is abroad, he would have to submit himself to the jurisdiction of the court before he may avail himself of bail,” he added.

The Makati court has scheduled Leviste’s arraignment for Oct. 26 at 8:30 a.m.

Malacañang also called on Leviste to return to the country and refute the accusations against him.

“If Congressman Leviste has enough evidence, he can counter it and defend himself,” Palace press officer Claire Castro said at a media briefing in Singapore.

“Perhaps it would be better for Congressman Leviste, since he claims to be innocent, to face this and many believe that he is fighting corruption. Here, he can prove that he is a brave leader if he faces this,” she added.

Leviste: Don’t worry about me

Leviste urged his supporters not to worry about him.

“Thank you to everyone who supports me. Don’t worry about me. This is just a small matter compared to everything else that’s happening. I’m more worried about you,” he said in a Facebook post.

Leviste also previously told supporters in a separate post not to worry about him because his case was only “small compared to other things happening.”

A complaint  looking for a crime

The camp of Legarda, meanwhile, slammed the arrest warrant against Leviste as a “complaint looking for a crime.”

Leviste’s spokesman, lawyer Tony La Viña, maintained that SPSBC is not a public utility and therefore the Public Service Act does not apply to the company.

“This is a complaint looking for a crime. There is no crime committed here by Leandro Leviste nor his company,” La Viña said.

He also argued that SPSBC’s 2019 congressional franchise was revoked ipso facto in 2022 after the company ceased operations for two years and blamed the DOE for failing to issue implementing rules and identify the areas where the company was supposed to operate.

“The SPSBC franchise was not implemented because the DOE did not provide rules and regulations and identify locations that the agency should have given,” La Viña said. “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.’”

Separately, the ombudsman has launched an investigation into plunder and graft complaints against Leviste and Legarda over alleged “ghost electricity” involving contracts awarded to Leviste’s company worth more than P10 billion.

Legarda’s camp said the senator, whose medical leave was initially set to expire Oct. 9, is seeking an extension to continue treatment in France, which Senate President Sherwin Gatchalian confirmed yesterday. –  Ghio Ong, Neil Jayson Servallos, Emmanuel Tupas, Alexis Romero, Daphne Galvez