Wednesday, August 22, 2007 Court rejects appeal on granting of bail to ex-Batangas guv
THE Makati City Regional Trial Court (RTC) has junked the petition of the Department of Justice (DOJ) seeking a reversal of an earlier court ruling that granted temporary liberty to former Batangas governor Antonio Leviste, who is accused of killing his long-time aide last January.
Makati RTC Branch 150 Judge Elmo Alameda maintained that the Department of Justice (DOJ) failed to present enough evidence to justify their opposition to Leviste's right to bail and for its retraction.
The DOJ, through Senior State Prosecutor Emmanuel Velasco, filed a motion for reconsideration last May 29 questioning the court's granting of temporary liberty to Leviste by letting him post a bail of P300,000.
Velasco said the bail should be withdrawn as he asked the court to remand the former governor back to his detention since he is facing murder, a non-bailable offense under Philippine laws.
He likewise argued that the three elements of murder - treachery, evident premeditation and cruelty - are present in the alleged crime.
Velasco also reiterated their position that the number and location of bullet wounds sustained by Rafael se Las Alas were proof that the case was not simple homicide as the defense sought to portray.
But the court dismissed the prosecution's arguments saying that it should not be blamed for granting bail to Leviste since the prosecution has failed to present evidence to support its arguments that the three elements of murder were present in the incident.
"What appears in the record is that during the bail hearing, prosecution failed to establish that treachery, evident premeditation and cruelty attended the commission of the crime charged in the information which led the court to grant bail to the accused. In fine, the argument proffered and the cases cited by the prosecution are insufficient to demonstrate or show that the evidence of guilt is strong to foreclose accused's right to bail," Alameda added.
Alameda also said he did not make a categorical statement in his May 23 order that the case should be treated as simple homicide, adding that what the court has considered during the bail hearing was whether the evidence of guilt of Leviste for murder was strong and determine whether or not the accused should be granted bail.
The prosecution presented 15 witnesses during the bail hearing including personnel from the Southern Police District Scene of the Crime Operatives (SPD-Soco) who conducted a technical investigation of the crime scene.
The killing took place in Leviste's office at the ninth floor of LPL Tower in Legaspi Village, Makati City last January 12. Leviste admitted shooting the victim but claimed self-defense.
Leviste said prior to the incident, he and de las Alas engaged in a verbal tussle but the prosecution claimed otherwise.
Meanwhile, the court set a pre-trial of the case on September 26. (AH/Sunnex)
