By Benjamin Cuaresma
MANILA — The Sandiganbayan Third Division has ruled that the Office of the Ombudsman sufficiently informed former Energy Secretary Alfonso Cusi and his co-accused of the specific allegations against them in connection with the controversial 2019 Malampaya gas project transaction, clearing the way for the continuation of the graft case.
In a hearing on Friday, Associate Justice Karl Miranda, chairperson of the anti-graft court’s Third Division, admitted the prosecution’s bill of particulars submitted on June 24, saying it adequately detailed the government’s allegations of undue injury and damage.
“The court admits the bill of particulars filed by the prosecution. They sufficiently alleged due injury and damage,” Miranda said.
The bill of particulars was ordered after the respondents sought a clearer statement of the allegations contained in the graft information filed against them.
The charges stem from the Department of Energy’s approval of the 2019 acquisition by UC Malampaya Philippines Pte. Ltd., a subsidiary of Udenna Corporation owned by businessman Dennis Uy, of Chevron Philippines’ 45-percent stake in the Malampaya natural gas project.
According to state prosecutors, the government suffered significant financial losses after the transaction. They argued that Malampaya gas proceeds reached US$1.225 billion in 2018 and US$1.295 billion in 2019, but revenues declined substantially after the takeover, averaging US$338 million less annually between 2020 and 2024, with proceeds ranging from US$680 million to US$1.097 billion.
Prosecutors further alleged that the government incurred an estimated US$177.4 million in losses after the accused allowed UC Malampaya to acquire Chevron’s stake for approximately US$387 million, despite its alleged market value of US$565 million.
Despite the court’s ruling, former DOE official Demujin Francisco Antiporda, one of Cusi’s co-accused, maintained his objection to the bill of particulars. Cusi’s legal counsel likewise adopted Antiporda’s position.
To allow the respondents to seek reconsideration, the Sandiganbayan deferred the arraignment and pretrial proceedings from their earlier schedule to July 10.
Miranda said the accused may file their motions for reconsideration until July 1, while the prosecution has until July 6 to submit its comments.
Cusi, Antiporda, and nine other former and current Department of Energy officials posted P90,000 bail each after being charged with violating Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act.
The other respondents include former DOE officials Donato Dionisio Marcos, Robert Biron Uy, Leonido Jimenez Pulido III, Cesar Gaba dela Fuente III, Thelma Mercado Cerdeña, Arceli Santos-Soluta, Guillermo Hernandez Ansay, Arthur Tabang Tenazas, and Rowena Joyce delos Santos.
The court also noted that Pulido, Ansay, Antiporda, Tenazas, and Delos Santos remain in government service and will be subject to the mandatory 90-day preventive suspension under the Anti-Graft and Corrupt Practices Act once they are formally arraigned.
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