Antigraft court admits bill of particulars in Udenna gas case

Former Energy Secretary Alfonso Cusi | INQUIRER FILE PHOTO

The Sandiganbayan on Friday said the Office of the Ombudsman “sufficiently” informed former Energy Secretary Alfonso Cusi and his coaccused of the specific basis in their graft case related to the Malampaya project.

Associate Justice Karl Miranda, chairperson of the antigraft court’s Third Division, said the court determined this after state prosecutors submitted the bill of particulars in the court on June 24.

Article continues after this advertisement

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

FEATURED STORIES

NEWSINFO

NEWSINFO

NEWSINFO

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

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

Favoring businessman

The charges against Cusi and the other respondents stem from their alleged involvement in facilitating the 2019 sale of a 45-percent stake of Chevron in the Malampaya gas project to UC Malampaya, a subsidiary of Udenna Corp. 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 the form of lost income.

Article continues after this advertisement

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

State prosecutors also said the government suffered undue injuries and damages when Cusi and other coaccused allowed UC Malampaya to take control of the 45-percent stake of Chevron, which they said was valued at  $565 million at that time.

Article continues after this advertisement

The prosecutors claimed the accused allowed UC Malampaya to purchase the stake for a price of only around $387 million, which resulted in a loss of almost $177.4 million.

Arraignment reset

Cusi’s coaccused, former Department of Energy supervisor Demujin Antiporda, still questioned the bill of particulars.

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

The arraignment of Cusi, Antiporda and other coaccused was then deferred to July 10.

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

Miranda said the accused can file their motions for reconsideration (MR) until July 1, while state prosecutors will be given five days or until July 6 to submit their comments on the MR.

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

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

Your subscription could not be saved. Please try again.

Your subscription has been successful.

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