Court: Cusi ‘sufficiently’ informed of graft case in Malampaya project

MANILA, Philippines — The Sandiganbayan Third Division on Friday said the Office of the Ombudsman “sufficiently” informed former Energy Secretary Alfonso Cusi and his co-accused of the specific basis of their graft case related to the Malampaya project.

Associate Justice Karl Miranda, chairperson of the anti-graft division, said the court determined this after state prosecutors submitted the bill of particulars in the court on June 24.

READ: Sandiganbayan resets Cusi arraignment in Malampaya case to Jan. 16

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Respondents sought a motion for the bill of particulars of the graft case, which details the specific charges against respondents.

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“The court does admit the bill of particulars filed by the prosecution,” Miranda said. “They (prosecutors) sufficiently alleged due injury and damage.”

Bill of particular allegations

The charges against Cusi stem from his alleged involvement in facilitating the 2019 sale of Chevron’s 45-percent stake in the Malampaya gas project to UC Malampaya, a subsidiary of Udenna Corporation owned by Davao businessman Dennis Uy.

The bill of particulars presented to the court by assistant special prosecutor Ryan Moreno stated that the government suffered undue injury in form of lost income.

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State prosecutors noted that in 2018 and 2019, the Malampaya consortium’s gas proceeds were US$1.225 billion and US$1.295 billion, respectively. However, they said UC Malampaya produced $338 million less than its actual production in 2018, with proceeds only ranging from US$1.097 billion to US$680 million between 2020 and 2024.

State prosecutors also said the government suffered undue injuries and damages when Cusi and other co-accused allowed UC Malampaya to take control of Chevron’s 45 percent stake, which they said was valued at  US$565 million at that time. However, they said the accused allowed UC Malampaya to purchase the stake for only around US$387 million, resulting in a loss of almost US$177.4 million.

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Arraignment reset to July 10

Cusi’s co-accused, former Department of Energy supervisor Demujin Francisco Antiporda, still questioned the bill of particulars.

Cusi’s counsel, Joey Rose De Leon, also said they adopted the objection of Antiporda on the bill of particulars.

The arraignment of Cusi, Antiporda, and other co-accused was then deferred to July 10.

READ: PDP confirms Cusi’s indictment over 2019 Malampaya takeover

Miranda said, “To give them time to file their MR (motion for reconsideration) and comment, we will reset the arraignment and pretrial to July 10.”

Miranda said the accused can file their MRs until July 1, while state prosecutors will have five days or until July 6 to submit their comments on the MR.

In Sept. last year, Cusi, Antiporda, and 9 other former and current DOE officials each posted bail of P90,000 for their graft charges.

The other respondents in this graft case are: former Energy Undersecretary Donato Dionisio Marcos, former Energy Undersecretary Robert Biron Uy, former Assistant Secretary Leonido Jimenez Pulido III, former Director Cesar Gaba dela Fuente III, former Division Chief Thelma Mercado Cerdeña, former Chief Admin Officer Arceli Santos-Soluta, former Division Chief Guillermo Hernandez Ansay, Director Arthur Tabang Tenazas, Atty. Rowena Joyce delos Santos.

Of the accused, Pulido, Ansay, Antiporda, Tenazas, and delos Santos are still working for the government in various capacities.

Miranda said the 90-day suspension of five government personnel will take place once their arraignment is done.

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Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act, provides that officials facing criminal charges “shall be suspended from office.”/coa