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Thursday, January 15, 2009
Leviste's lawyer appeals for bail
MANILA -- The lawyer of a former Batangas governor who was convicted of homicide for killing his long-time buddy in 2007 has appealed to file for bail Wednesday.
Henry Capela, defense lawyer of former Batangas governor Jose Antonio Leviste, also asked for a 15-day period for his client to have a chance to file a motion for reconsideration.
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However, Judge Elmo Alameda of Makati Regional Trial Court Branch 150, who sentenced Leviste a six to 12 years of imprisonment, said the bail bond of P300,000 earlier filed by Leviste's family has been cancelled, indicating that the appeal is no longer in the hands of the Makati trial court.
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"The motion for bail must be filed with the Court of Appeals (CA)," Alameda said.
Leviste was convicted of homicide for killing Rafael de las Alas in 2007.
He shot de las Alas on January 12, 2007 in his office at LPL Towers in Makati City. The two were reportedly in argument over financial matters.
Leviste was initially charged with homicide on January 16, 2007 but was later upgraded to murder on February 2, 2007 after a reinvestigation was conducted by Senior State Prosecutor Emmanuel Velasco.
According to Velasco, the murder was committed as the three elements -- evident premeditation, cruelty and treachery -- were all present in the case.
The prosecution also accused Leviste of allegedly conspiring with armed men to kill the victim.
Although admitting to have shot de las Alas, Leviste said he did it in self-defense.
But this claim of Leviste was disregarded as evidence showed that the "accused was never threatened, affected or intimidated with the character of the victim," regardless of de las Alas's alleged aggression during that time.
The five gunshot wounds, the court said, disproved self-defense as "there was no longer any reason for the accused to shoot him (de las Alas) four times" and this "demonstrated a determined effort on his part to kill the victim and not just defend himself."
In the decision, there was no clear and convincing evidence to prove that there was conspiracy and the "liability of the accused must be on an individual basis."
Treachery was also disregarded as an element to the killing as no one knew what transpired during the incident and the act "must be proved as fully and convincingly as the crime itself."
Evident premeditation was likewise dismissed as the testimonies of the de las Alas kin -- Dina, Teresita, and Christian -- were "insufficient" to show that the accused intended to kill the victim.
Cruelty, meanwhile, was ruled out because there was no testimony to prove that the gunshots were made to prolong the pain, agony and suffering of de las Alas.
Leviste is now detained at the Makati City Jail while filing necessary appeal and waiting for the CA's decision.
Meanwhile, Volunteers Against Crime and Corruption (VACC) chairman Dante Jimenez said the de las Alas family is happy with the decision of the court.
"We are happy with Judge Alameda's decision even though the murder charge was reduced to homicide... This shows that in killings like these, it does not matter if you are rich or poor, whether it's homicide or murder, you should be put in jail," he said.
"This court has showed that justice still prevails in this country," Jimenez added.
Teresita de las Alas, the victim's wife, echoed Jimenez's statement saying, "Justice is not only for the rich, after all."
The de las Alas family will also receive P50,000 as civil indemnity without need of any evidence or proof of damages as well as P50,000 in moral damages. Both amounts will come from Leviste as part of his penalty.
Batangas Vice Governor Mark Leviste, a nephew of the accused, hopes the former governor and the de las Alas family would make amends and forgive each other, especially since it is a new year.
"We are very humbled by this experience... I have not lost hope in our country's justice system and our faith in God... we continue to pray for what is right and the right of Governor Leviste," the younger Leviste said.
He said he is awaiting the next move of his uncle and his counsel. The defense counsel is still in the process of discussing the next move.
On the guilty verdict, he said: "We're saddened by what happened... whatever happens next, we leave the decision up to the governor and his counsel." (Justine Paredes/Sunnex)
For more Philippine news, visit Sun.Star Iloilo. (January 15, 2009 issue)
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