MANILA, Philippines — The Sandiganbayan Third Division has once again deferred the arraignment of former Department of Energy secretary Alfonso Cusi and several other former DOE officials facing graft charges over the Malampaya stake sale.
During a hearing yesterday, Third Division chairperson Associate Justice Karl Miranda reset the proceedings to July 10 to give the defense time to contest the bill of particulars submitted by state prosecutors.
Two of the accused filed a comment arguing that the prosecution’s bill contained conclusions based on assumptions and hypothetical scenarios – a stance subsequently adopted by their co-accused.
Cusi himself initially avoided entering a plea, choosing not to join the move to oppose the bill that would have subjected him to an arraignment. But his legal team made a belated manifestation to adopt the comment just as his turn came up.
In response, Miranda directed the accused to formally file their respective motions for reconsideration by July 1.
The prosecution will then have five days from receipt, or until July 6, to submit its comment.
The graft case stemmed from the DOE approval of the $545-million buyout of Chevron Philippines’ 45-percent stake in the Malampaya deep-water gas-to-power project by UC Malampaya, a subsidiary of Davao businessman Dennis Uy’s Udenna Corp.
The Office of the Ombudsman launched its investigation in 2022 following a Senate committee on energy report, which alleged that the DOE rushed the transaction despite Udenna Corp. failing the financial capability test and lacking audited financial statements.
While the Ombudsman initially dismissed the complaint in 2022 for lack of evidence, it reversed its ruling in 2024 after finding sufficient probable cause to pursue an indictment.
The case was formally filed before the Sandiganbayan on Aug. 28, 2024.