Metro stories
Leviste case verdict out next week

The verdict on former Batangas Gov. Jose Antonio Leviste?s murder case will be given next week when the Makati Regional Trial Court wraps up the case filed in 2007.

Judge Elmo Alameda of RTC 150 set the promulgation at 9 a.m. on Jan. 14, Wednesday, exactly two years and two days after Leviste admitted shooting his aide Rafael de las Alas at his office in Legaspi Village.

Senior State Prosecutor Emmanuel Velasco refused to second-guess the outcome of a bitterly fought courtroom battle.

?Ayokong unahan si judge [I don?t want to preempt the judge],? he said.

Prosecution panel head Velasco fought tooth-and-nail with Leviste and his battery of lawyers in upgrading the charge from simple homicide to murder after getting the nod of the court to conduct a reinvestigation of the killing.

He said the burden of proof was on the defense since Leviste claimed he had killed De las Alas in self-defense during a heated argument on Jan. 12, 2007 at the LPL Towers in Makati.

The prosecution presented witnesses, including the victim?s wife and daughter who told the court that De las Alas had no intention of going to work that day but the former governor summoned him.

But defense witnesses said the victim arrived for work in an agitated mood over the P1 million cash he was allegedly demanding from Leviste.

In his testimony, Leviste told the court that De las Alas had financial troubles maintaining several mistresses and had asked him for money.

He said De las Alas tried to pull out his gun while they were arguing, prompting him to draw his own gun and shoot him.

Leviste, 68, posted a bail of P300,000 in May 2007 after a series of hearings on his petition for temporary liberty. The court acquiesced, finding that the prosecution failed to show sufficient evidence that the accused had acted with cruelty and treachery.

Defense counsel, Henry Capela, expressed confidence in the court absolving his client. ?All that Prosecutor Velasco has presented in the course of the trial were mere allegations and speculations,? he said.

Investigator PO2 Herman Panabang admitted in court that he was ?in a hurry? when he filed homicide charges, instead of murder, without considering the results of the autopsy and other tests.

Leviste surrendered to Makati City Mayor Jejomar Binay right after the shooting and confessed he acted in self-defense. Ferdinand Fabella

 

Monday, January 5, 2009
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