Thursday, February 08, 2007
Ex-Batangas guv surrenders to police
FORMER Batangas governor Jose Antonio Leviste on Wednesday gave himself up to the Makati police after an arrest warrant for murder was issued by the Makati City court.
Makati City Regional Trial Court (RTC) Branch 150 Judge Elmo Alameda approved the recommendation of Senior State Prosecutor Emmanuel Velasco to upgrade to murder the homicide case of the estranged husband of former senator Loren Legarda for killing his long-time confidant Rafael de Las Alas last January 12.
Leviste insisted on his innocence of the crime and said he would tell the truth in court when the trial starts.
"I am innocent, my conscience is clear and I am anxious to clear my name meanwhile I must condemn in the strongest terms the manner by which my constitutional rights have been trampled upon. However I still have faith in our judicial system and I am confident I will be vindicated," said a teary-eyed Leviste when presented to the press at the Makati Police Station headquarters.
"If the prosecution, whose basis for their murder complaint, can produce a shred of incontrovertible evidence that he was shot in the back of the head or if there were any other person besides us inside the room, if they could do one or both of that, I will accept my guilt and I'm even willing to go to the death chamber," Leviste also said, adding that even a "layman can see that the reinvestigation was a sham, a charade and was already prejudged from the beginning."
He claimed that "there were influential forces that are determined to destroy or even harm me" but he is not afraid to face the charges "since the Lord is my shield."
Leviste said he was "totally surprised by the sudden turn of events" and that they did not expect that a warrant would be issued against him as they have several pending motions lodged before the lower court and the Court of Appeals (CA).
He came close to tears as he talked about his children. "My children have such a bright future. They've been very supportive and I hope they didn't have to suffer like what they are doing now. I have been convicted by publicity," he said.
Hours before Alameda approved Velasco's recommendation and issued the warrant, Leviste filed a seven-page motion asking Alameda to inhibit himself from hearing the case citing his "partiality" to the prosecution in many times.
Leviste said he is ready for anything, even being detained at the city jail.
He said he is stable now as he is taking medicines for his hypertension and cardio-vascular disease. "I am only stable due to the three dosages of medicines I am taking. Our family has a history, a fatal history of this ailment," he added.
Hours after the he shot de Las Alas, Leviste was brought to the Makati Medical Center after complaining of high blood pressure. He stayed in the facility for several days fuelling speculations that it was done to save him from detention.
In a seven-page order, Alameda said he find factual and legal basis in the findings of Velasco and said Leviste's motion asking him to defer action on the recommendation of the prosecutor has "no leg to stand on."
He issued the arrest warrant and canceled the P40,000 bail earlier posted by Leviste after the city prosecutor's office earlier filed the homicide case.
Leviste's equestrienne daughter, Toni, who accompanied her father to the police station along with two of her siblings and their mother, Cecilia, asked the public for understanding saying that the case should not be characterized as a fight between the rich and the poor.
"Despite our apprehensions, we are keeping ourselves strong and keeping the faith and staying behind our dad. Like I said, my dad has to know that in the end of it all, we are not ashamed to say that we are our father's daughters," said Toni.
Makati City Police Director Gilbert Cruz said Leviste will probably stay at the detention center of the Makati City police station overnight before he will be transferred to the Makati City Jail. Cruz also said Leviste will be subjected to the standard procedures normally accorded to detainees such as fingerprinting and other documentary processes.
He defended their original findings that were used as bases by Makati City Assistant Prosecutor Henry Salazar in filing the homicide case.
But the victim's family sought a reinvestigation saying that Salazar erred in filing the homicide case citing the presence of a "defense wound" on de Las Alas's left forearm as well as the number of gunshot wounds he sustained as proof of murder.
Meanwhile, the Department of Justice (DOJ) is now training its eye on the security personnel and office assistants of Leviste who could shed light on the killing of de las Alas.
Velasco asked the National Bureau of Information (NBI) to summon all people who were inside the premises of the office of Leviste at the LPL Tower in Makati City at the time of the shooting.
Among those who will be summoned were a certain Remy Pituigas, a certain Mayet, Precy, Cecille and others who were named by Manolito A. Ambrosio alias Maa, an employee of the building who earlier claimed that prior to the shooting, he heard Leviste and delas Alas engaged in a heated argument.
According to Velasco, the statements of the individuals would determine if there's truth to Leviste's claim that he shot de las Alas in self-defense.
Velasco also branded as another delay tactic of the camp of Leviste the filing of a motion that sought to inhibit Alameda from trying his murder case. Velasco said there is no basis in the allegations of defense lawyer Manuel Singson that Alameda showed bias in handling the case and in denying his client due process.
The Makati City court has also ordered the Bureau of Immigration (BI) to immediately place Leviste in the hold-departure list and to secure all ports and exit points to prevent him from leaving the country. Alameda this was just as a precautionary measure while the murder case is pending to ensure that Leviste will not escape trial. (AH/ECV/Sunnex)
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