MANILA – Sen. Loren Legarda and her son, Batangas 1st District Rep. Leandro Leviste, have filed their counter-affidavits in the Ombudsman’s preliminary investigation into alleged irregularities involving PHP10.44 billion worth of solar energy projects, Ombudsman Jesus Crispin “Boying” Remulla said Friday.

Remulla said the counter-affidavits were filed late but would still be considered by the anti-graft body in keeping with due process.

“Nag-file na sila ng counter-affidavit. Late finile ‘yung counter-affidavit, if I am right, but we’re not going to get them on any technicality; we will still consider the counter-affidavit,” Remulla said.

“Para due process, walang masasabi. We’re considering it. Pag-aaralan namin ang kanilang counter-affidavit, pero ang problema, paano ‘yan kung may questions kami? Nasaan sila?” he added.

Remulla said the Ombudsman understands that Legarda and Leviste remain in Paris, although they have also traveled to Switzerland.

The Ombudsman has 60 days to conduct the preliminary investigation before the case is submitted for resolution.

“Pagkatapos ng 60 days, then for resolution na ‘yan (After 60 days, then it is for resolution),” Remulla said.

The plunder and graft complaints against Legarda and Leviste were announced in late July. The Ombudsman has alleged that Leviste’s Solar Para sa Bayan Corp. (SPBC) failed to deliver promised solar microgrid projects under its PHP10-billion congressional franchise, resulting in alleged losses to the government.

Both Legarda and Leviste have denied wrongdoing.

Their lawyer, Anthony “Tony” La Viña, has characterized the proceedings as “lawfare,” or the alleged use of the law for political purposes.

La Viña said he was convinced, after reviewing the allegations, that Legarda and her son did not commit illegal or improper acts in connection with Leviste’s solar energy business.

“After intensive review, I am convinced that she and her son have absolutely not done anything illegal and even improper with respect to the solar energy business of the latter. At worst, Leandro has been innovative and out-of-the-box as an entrepreneur. That should be rewarded not punished,” La Viña said in his Facebook post.

“Second, this is classic lawfare, the weaponization of the law for political purposes, Sadly, this is not the first time it has happened. Previous administrations have done it as well to opposition politicians, government critics, journalists, Supreme Court Justices, and social and political activists. Such weaponization is a violation of a person’s basic human rights,” he pointed out.

La Viña stressed that no formal criminal charge had yet been filed against Legarda or Leviste, as the matter remains under preliminary investigation.

He also disputed the suggestion that Legarda should be held responsible for the operations of SPBC simply because Leviste is her son.

“One may criticize the solar franchise and businesses of Leandro Leviste. One may question whether the business model succeeded. One may investigate whether the company or its officers complied with their obligations. But those are different questions from whether Senator Legarda herself or if Rep. Leviste committed wrongdoing,” he pointed out.

La Viña said Legarda had never been the subject of an investigation or charged with corruption or similar offenses during her three decades in public service.

He also said SPBC should be distinguished from other companies under the Solar Philippines group.

“A congressional franchise is different from a renewable energy service contract. Both a service contract and a franchise are not given government funds,” Legarda’s spokesperson said.

The spokesperson also questioned the timing of Legarda’s inclusion in the Ombudsman investigation.

“Against that backdrop, the subsequent inclusion of Sen. Legarda in an Ombudsman preliminary investigation, and the timing with which that proceeding emerged, inevitably raise questions about whether the scrutiny against her is grounded in evidence of her own acts or is being driven by the wider political issues surrounding her son,” he pointed out.

He said Legarda does not own, run or participate in SPBC or any Solar Philippines company and that no corporate documents identify her as a shareholder, officer or beneficiary.

“Saying she’s connected to the business only because she’s the mother of a private businessman is pure invention. Being a parent and being a senator does not in any way prove she benefited, acted improperly, or committed a crime,” he pointed out.

“Senator Legarda should not be shielded from scrutiny because Leviste is her son. But neither should motherhood become evidence against her,” he reiterated.

La Viña said any evidence showing that Legarda improperly intervened with government officials, benefited from the franchise or committed an unlawful act should be examined on its merits.

“But the record establishes important facts: the franchise was non-exclusive, it did not provide for government subsidy, its implementation depended in part on regulatory actions assigned to the DOE (Department of Energy), and Senator Legarda herself did not vote for its passage,” La Viña stressed.

He also disputed claims that the franchise was sold, saying it could not be fully implemented because the Department of Energy had not issued implementing rules or identified areas where it could operate.

“The franchise could not be fully operationalized because the DOE did not issue the implementing rules and did not identify the areas where the franchise can operate — conditions which the franchise law required,” the lawyer said.

La Viña further linked the case to Leviste’s public criticism of alleged corruption, saying the harassment against him and his mother began in late 2025 after he called for investigations at various levels of government.

“The timing speaks for itself. What should have been recognized as a civic duty is instead being met with punitive scrutiny, creating the unmistakable appearance that his anti corruption advocacy is being answered not with accountability, but with retaliation,” he pointed out.

NBI confirms mother, son left country

National Bureau of Investigation Director Melvin Matibag earlier confirmed that Legarda and Leviste left the country on Aug. 2.

In an interview on “Ted Failon DJ Chacha,” Matibag said Leviste failed to appear in response to an NBI subpoena because he had already traveled to Hong Kong.

“Hindi po um-appear [sa subpoena] kasi po nag-biyahe eh. Umalis po. Positive po ’yan, parehas po sila ni Senator Legarda na umalis,” Matibag said.

He said Leviste left for Hong Kong on Aug. 2, while Legarda departed on the same date on a separate flight, using Hong Kong as a transit point before proceeding to France.

“Si Leandro Leviste po, umalis po noong August 2 papuntang Hong Kong. Si Senator [Legarda] po, umalis po noong August 2 rin, magkaiba po na flight via Hong Kong, pero ang final destination is France,” he added.

Leviste is also being subpoenaed by the NBI in connection with an alleged PHP5-million “honeytrap” or smear operation supposedly intended to implicate Executive Secretary Ralph Recto in a sex and drug scandal.

Legarda, meanwhile, is on extended medical leave from the Senate. She first filed for leave on Aug. 3 and has extended it for the fifth time until Sept. 16, 2026.

Senate President Sherwin Gatchalian, along with Senators Panfilo “Ping” Lacson and Senate Majority Leader Juan Miguel “Migz” Zubiri, said Legarda was seeking treatment for a lung ailment.

Ombudsman allegations

The Ombudsman has alleged that Legarda, Leviste and former Energy Secretary Alfonso Cusi conspired to obtain exclusive government rights over solar energy resources through legislative and regulatory actions.

The complaints cite alleged violations of the Anti-Graft and Corrupt Practices Act, the Code of Conduct and Ethical Standards for Public Officials and Employees, and the Plunder Law.

According to the Ombudsman, several exclusive solar energy service contracts were awarded to corporations allegedly linked to Leviste, but many of the projects were not developed as promised, resulting in what it described as a “virtual monopoly” over solar energy projects.

Remulla said unpaid financial obligations from the terminated contracts were estimated at more than PHP10.44 billion.

“That P10 billion is only the contracts,” Remulla said. “What our fellow Filipinos lost runs into hundreds of billions.”

He also alleged that Leviste’s company obtained exclusive rights to produce and sell solar energy, limiting the participation of other investors.

“It is as if they own the sun, the power of the sun, to the exclusion of other Filipinos and other investors,” Remulla said.

“They promised they would produce electricity. It’s printed in the Philippine Energy Plan,” he added. “They didn’t do it. They just sold, they just made money. If they built anything, it was a pittance.”

Remulla further alleged that Legarda used her position as then chairperson of the Senate Committee on Finance to assist her son in securing the franchise.

“He wouldn’t have gotten it if his mother, the chair of the Senate finance committee, hadn’t helped him,” Remulla said. “She used her position so her son could get the franchise.”

The Ombudsman also said the alleged failure to develop the projects eventually led to the sale of Leviste’s solar business, while the government and the public incurred losses.

Separately, the Department of Energy filed a complaint before the Department of Justice against Leviste and officials of SPBC over alleged violations of the Public Service Act.

The complaint cited the company’s alleged failure to provide electricity to remote, unserved and underserved areas as required under its 2019 congressional franchise.