Wednesday, October 08, 2008 DOJ opposes Leviste's sur-rebuttal evidence
THE Department of Justice (DOJ) on Tuesday filed its opposition to the sur-rebuttal evidence presented by former Batangas governor Jose Antonio Leviste who is facing murder charges before the Makati Regional Trial Court (RTC).
In his comment, Senior State Prosecutor Emmanuel Velasco debunked the points raised by Leviste in his defense regarding the death of his long-time aide, Rafael de las Alas, last year.
"Most of the evidences submitted by the defense are irrelevant and immaterial. It does not show by clear and convincing evidence that accused Leviste acted in self-defense in killing victim de las Alas," Velasco said.
The defense has filed their formal offer for the sur-rebuttal evidence before the sala of Makati RTC Branch 150 Judge Elmo Alameda last October 2, within the 15-day deadline given by the court for the filing after Leviste wrapped up his presentation last month.
Velasco said the defense failed to substantiate their arguments that the killing was done in self-defense, adding that most of the witnesses presented by Leviste were "biased" since they are the former local official's employees at Jalco.
But Leviste said the defense did not intend originally to present Jalco employees as witnesses.
"Not all my witnesses are my employees. But since most of my employees have the facts, who will we call then aside from them?" he said.
Leviste admitted shooting de las Alas on January 12, 2007 inside his office at the LPL-Tower in Legaspi Village, Makati but claimed he only did that in self-defense.
According to him, de las Alas tried to shoot him first after an argument over financial matters.
He also argued that de las Alas was financially troubled days before the killing due to the difficulty supporting his alleged mistresses.
At the same time, Leviste said Velasco failed to prove that the incident was a cold-blooded murder despite presenting close to a dozen witnesses including several police officers and de las Alas's daughter and wife.
However, for the prosecution, the elements of murder were present in the incident, namely: treachery, cruelty, and premeditation. (AH/Sunnex)
