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The Department of Energy (DOE) has filed a supplemental estafa complaint against Batangas Rep. Leandro Leviste and two Solar Philippines officials, accusing them of using alleged false representations to secure renewable energy awards that they never intended to develop.
Energy Secretary Sharon Garin filed the complaint against Leviste, Hazel Iris Lafuente, and Irma Flaminiano before the Taguig City Prosecutor’s Office. The case involves renewable energy projects awarded under the government’s first Green Energy Auction, covering 1,350 megawatts (MW) of solar capacity and 30 MW of wind capacity.
The DOE said the respondents allegedly obtained the awards despite deficiencies in the financial capacity of the companies involved and later failed to deliver any of the committed power capacity.
Alleged Misrepresentation
According to the DOE, the respondents submitted documents representing their project companies as financially, technically, and operationally qualified to participate in the Green Energy Auction Program, which grants long-term power supply contracts to renewable energy developers.
Leviste also signed performance bonds that could be claimed by the government if the developers failed to meet their obligations, the department said.
The DOE later found that Solar Philippines Commercial Rooftop Projects Inc. and Solar Philippines Visayas Corp. had negative equity when they registered for the auction, Garin said.
She also cited the financial position of SP New Energy Corp., saying its equity was significantly below the 30-percent contribution typically required to finance utility-scale solar projects of a comparable size.
The department alleged that these financial deficiencies were not disclosed during the auction process.
The DOE said the companies failed to deliver any of their 1,380 MW awarded capacity by Dec. 25, 2025. The contracts were subsequently terminated after the project companies allegedly failed to meet required milestones and maintain or renew their performance security.
Land-Banking Allegations
Garin further alleged that the respondents did not intend to develop the awarded projects from the outset, but instead sought to hold the renewable energy rights for possible transfer, restructuring or sale.
“Taken together, this conduct shows what Respondents intended from the start. They never meant to build,” Garin said, describing the alleged practice as “land-banking” of state-conferred energy rights.
The DOE argued that the renewable energy awards represented valuable and limited government concessions. Their alleged misuse, it said, undermined the government’s regulatory authority while depriving qualified bidders and consumers of the electricity that was supposed to be delivered.
Garin also alleged that the failure to bring the projects online contributed to higher electricity clearing prices and increased reserve procurement costs, potentially passing additional expenses on to consumers.
The department is asking prosecutors to determine whether there is prima facie evidence to charge the respondents with estafa under Article 315, paragraph 2(a) of the Revised Penal Code.
The complaint remains under preliminary investigation, during which prosecutors will determine whether sufficient grounds exist to proceed with charges in court.
Separate Franchise Complaint
The supplemental estafa complaint comes amid a separate legal dispute involving Leviste and his renewable energy businesses.
The DOE had earlier filed a complaint with the Department of Justice over alleged violations of the Public Service Act involving Solar Para sa Bayan Corp. (SPBC). The department said it had no records of applications by SPBC for the permits, licenses, approvals, or other regulatory authorizations needed to fulfill its obligations under its legislative franchise.
Under Republic Act No. 11357, SPBC was granted a nonexclusive 25-year franchise to provide electricity to areas covered by the law. The franchise provides that it may be revoked if the company fails to operate continuously for two years.
DOE Renewable Energy Management Bureau legal officer Atty. Gabriel Corpuz confirmed the filing of the supplemental estafa complaint before the Taguig prosecutor’s office but declined to release a copy while the investigation is ongoing.
The DOE and Leviste were also approached for further details and comment, but no immediate response from Leviste was reported in the source materials.
Leviste has previously rejected the DOE’s allegations. Referring to the complaint he had seen in media reports, he described the allegations as “super duper hina” or “very weak.”
Meanwhile, Leviste and his mother, Sen. Loren Legarda, have been the subject of an Ombudsman investigation involving separate plunder and graft complaints tied to allegations that his renewable energy firm failed to provide solar power required under its franchise.
The Ombudsman has said it expects both to return to the Philippines voluntarily, although Ombudsman Jesus Crispin Remulla also said they could be arrested if they do not return.
Source:
https://tribune.net.ph/2026/09/09/doe-files-estafa-complaint-against-leviste
https://www.panaynews.net/doe-files-supplemental-estafa-raps-vs-leviste-over-1380-mw-projects
