The Department of Energy (DOE) has filed a criminal complaint-affidavit before the Department of Justice against Batangas 1st District Representative Leandro Antonio L. Leviste and five other officers of Solar Para sa Bayan Corporation (SPSB/SPBC) over the alleged failure to fulfill obligations under its renewable energy microgrid franchise.

The complaint, executed by Energy Secretary Sharon S. Garin on May 6, alleged “willful neglect and failure” to comply with the terms of the legislative franchise granted to the company under Republic Act No. 11357. 

The DOE said the respondents may be held liable for violating Commonwealth Act No. 146, or the Public Service Act.

The complaint follows months of mounting regulatory scrutiny on the company and affiliated firms, including show-cause orders from the Energy Regulatory Commission over alleged unauthorized operations and unapproved electricity rates in Occidental Mindoro, as well as broader government action involving stalled or terminated renewable energy projects linked to Solar Philippines Power Project Holdings, Inc. (SPPPHI), a Leviste-founded renewable energy company affiliated with Solar Para sa Bayan.

Congressman Leviste is named in the complaint in his capacity as chairman and president of Solar Para sa Bayan, which he also founded as part of his broader renewable energy ventures.

The case stems from the franchise granted in 2019 to Solar Para sa Bayan Corporation to develop and operate renewable energy microgrids in remote and underserved areas for 25 years.

According to the complaint-affidavit, the company failed to commence significant operations or submit compliance reports required under the franchise.

“To this date, no application whatsoever has been lodged by SPSB/SPBC, nor has any report been filed regarding its compliance with the terms and conditions of the franchise,” the DOE said in the filing.

The DOE further alleged that while the franchise remained inactive, other businesses linked to Leviste under SPPPHI continued developing commercial solar projects, including the 63.3-megawatt Calatagan Solar Farm.

The complaint described the alleged neglect of the franchise as “badges of fraud” that “defeat public convenience,” arguing that corporate officers should be held personally liable.

Under the franchise law, the DOE noted that the authority is deemed automatically revoked if operations cease for two consecutive years.

The department also cited previous public statements by Leviste saying the company had “been shut down many years ago” and that the franchise had already been revoked in 2022, but maintained that potential criminal liability remains.

Section 25 of the Public Service Act imposes penalties of up to PHP 2 million in fines and imprisonment ranging from six to 12 years for violations.

Named as respondents alongside Leviste were Antonio C. Legarda Sr., Benjamin C. Legarda, Antonio B. Legarda Jr., Hazel Iris P. Lafuente, and Irma C. Flaminiano.

The DOE said the filing forms part of its efforts to ensure reliable energy service delivery and tighter oversight of inactive or non-performing energy franchises.

Should the government impose stricter accountability measures on energy firms holding legislative franchises, or do regulatory delays and red tape discourage new renewable energy ventures?

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