Court junks Cusi, DOE execs’ bid to dismiss graft case over UC Malampaya-Chevron sale

MANILA, Philippines – The anti-graft court Sandiganbayan on Tuesday, June 2, junked the bid of former energy secretary Alfonso Cusi and Department of Energy (DOE) executives to dismiss the graft charges against them over the sale of Chevron’s stake in the Malampaya facility to Udenna Corporation.

In a 22-page resolution, the Sandiganbayan Third Division affirmed the validity of the information filed by the Ombudsman in October that accused Cusi and the DOE executives of hastily approving the 2019 sale of Chevron’s 45% stake in Malampaya to Udenna Corporation.

Udenna is owned by Davao City-based businessman Dennis Uy and a contributor to former president Rodrigo Duterte’s campaign.

Cusi and the other defendants argued that the case against them should be dropped since President Ferdinand Marcos Jr. later renewed Service Contract 38. But the court rejected this, saying that a later renewal does not erase past criminal liability.

“A felony is consummated when all the elements necessary for its execution and accomplishment are present,” the decision read.

The court added that the offender must then be held criminally liable “unless and until such liability is extinguished in accordance with law.”

The defendants also argued that the case should be dismissed since prosecutors failed to specify the exact amount of financial damage to the government in the original complaint. They also questioned the Sandiganbayan’s jurisdiction over the case.

However, the anti-graft court said that the prosecution’s move to amend the original charge sheet was legal. It noted that no constitutional or procedural rights were violated since the accused have not entered their formal pleas yet.

“Thus, as the accused have not yet been arraigned under the original Information, there is no constitutional or procedural right that was impaired when the court admitted the Amended Information,” the resolution read. – Rappler.com