By Ferdinand Fabella

Former Batangas Gov. Jose Antonio Leviste spent his first night at the Makati City Jail, firm in his conviction that he only defended himself, his lawyer said yesterday.

Leviste, who turns 69 today, is hoping to post bail, according to his lawyer, Henry Capela.

?He is trying to cope. Although he won?t admit it to me, he?s not okay. He will be celebrating his birthday... it?s not easy, knowing that he is innocent.?

Leviste was found guilty of homicide on Wednesday and meted out six to 12 years prison term, with the Makati Regional Trial Court ordering him locked up, awaiting his transfer to the New Bilibid Prison in Muntinlupa City.

The court junked his claim of self-defense in the killing of his aide Rafael de las Alas on Jan. 12, 2007, citing his failure to prove that it was the victim who had tried to shoot him first.

Capela said Leviste is locked up at Cell 8?with about 70 inmates?assigned a small space for a cot, his meager belongings and provisions.

He said his client was being treated as a plain detainee without a personal doctor to monitor his health.

?He has 12 different medicines that he has to take by schedule. If he misses one, his whole body bogs down,? Capela said, concerned over Leviste?s diet, being acidic and hypertensive.

?We?re just bringing him food that fits him, otherwise, he just takes what?s available in jail,? he said, noting that Leviste was removed from detention in 2007 after suffering chest pains.

Capela said a notice of appeal has been filed before the Makati court with an application for bail for filing before the Court of Appeals today.