Amid the fresh attacks against former President Gloria Macapagal-Arroyo before the Ombudsman that came from a compromised source, a previous head of the Department of Energy weighed in.
The complaint accused Arroyo of abusing her presidential discretion under Presidential Decree 910, which created the Malampaya Fund.

The law provided that the fund should be used solely for projects related to "the exploration, exploitation, and development of indigenous energy resources vital to economic growth."

In an interview with Daily Tribune, Al Cusi, energy secretary under President Rodrigo Duterte, said the allegations don't hold water considering the reforms undertaken during the term of Arroyo.

"First, it was President Arroyo who was responsible for enacting the Electricity Power Industry Reform Act, or EPIRA, in 2001. It remains the cornerstone of the country's power development even today," Cusi said.

The former official said the legislation had been pending in Congress since the presidencies of Fidel Ramos and Joseph Estrada until President Arroyo finally pushed it to become a law.

"The use of the Malampaya Fund during her administration was following Section 8 of Presidential Decree 910, signed by President Ferdinand Marcos Sr. in 1976," Cusi explained.

He read from the section that ended: "And for such other purposes as may be hereafter directed by the President."

Cusi added that Marcos Sr. was widely acknowledged as being among the most brilliant lawyers in the country's history.

"I ask, would he have placed such a provision without careful and deliberate consideration as to its benefits to the public?" he said.

A publication recently reported on the uses of the Malampaya Fund during President Arroyo's administration.

Cusi quoted: "The single biggest use was P10.66 billion — Department of National Defense, Armed Forces of the Philippines and different military branches."

The second biggest use was "P9.29 billion — National Electrification Administration and National Power Corp."