Convicted former Batangas Gov. Jose Antonio Leviste is moving to the state penitentiary after the Makati Regional Trial Court issued an order committing him to New Bilibid Prisons in Muntinlupa City.

Supt. Luisito Mu?oz, warden of the Makati City Jail, where he has been held since his Jan. 14 conviction for homicide, said they received the order signed by Branch 150 Judge Elmo Alameda on Friday.

Mu?oz said the Certificate of Non-Pending Case from the Office of the Clerk of Court is needed before processing Leviste out of city jail.

?That is one of the requirements of the New Bilibid Prisons before a prisoner can be transferred to the facility,? he said, adding that Leviste and his counsel have been informed of the impending transfer.

The former governor, who was sentenced between six to 12 years in prison for shooting to death his aide Rafael delas Alas on Jan. 12, 2007, remains locked up at cell 8, which he shares with 58 other inmates.

Leviste?s lawyer Henry Capela is questioning Alameda?s order, indicating that a pleading has been made before the Court of Appeals.

?We are questioning the authority of the lower court in this aspect, especially since we have filed an appeal regarding the earlier court decision convicting my client,? he said, insisting on the status quo pending the higher court?s decision.

Capela said he has likewise filed before the appellate court a petition to post bail.

Senior State Prosecutor Emmanuel Velasco said he and the family of Delas Alas welcomed the court?s transferring of Leviste to the national penitentiary.

?We are happy that the order has been released already. Justice must be served no matter the station of life of the convict?whether rich or poor, whether a former government official or a plain Juan de la Cruz,? he said.

Bucking Leviste?s motion to post bail, Velasco said granting temporary liberty should be out of the question.

?It is our position that the guilt of the accused-appellant is very strong such that reversal of the decision convicting accused of the crime of homicide rendered by the Honorable Court is very remote. With his conviction and the strong evidence against him, accused-appellant is definitely a flight risk,? Velasco said. Ferdinand Fabella