Despite the issuance of his arrest warrant from a Makati court on Wednesday, Batangas Rep. Leandro Leviste is "not yet" considered as a fugitive from justice, a state prosecutor said on Thursday.

Leviste was ordered arrested after the Department of Energy filed a complaint against him and five officials of Solar Para Sa Bayan Corp officials for allegedly failing to deliver electricity to remote areas. The firm had secured a legislative franchise.

In a press conference, Senior Deputy State Prosecutor Officer-in-Charge Herbert Calvin Abugan explained that there is a process that needs to be done before a person is declared as a fugitive from justice.

"As of now, not yet,” Abugan said when asked if Leviste, who said to be in France with his ailing mother Senator Loren Legarda since early August, is considered a fugitive from justice.

“There is a process that needs to be followed before we can declare him a fugitive from justice. Also, the court will give him an opportunity to appear before it,” he added.

Justice Secretary Fredderick Vida reiterated his appeal for Leviste to submit himself to the jurisdiction of the court. The Philippines has no extradition treaty with France.

"There is a process, fugitive from justice, cancellation of passport. Those are the tools that can be used by the prosecutors for any accused to recognize the jurisdiction of the court, it's within the control of the prosecutor," Vida said.

"My appeal yesterday was for Congressman Leviste to submit himself to the jurisdiction of the court because at the end of the day we cannot ignore the rule of law," he added. Robina Asido/PHS