MURDER CASE: LEVISTE GRANTED P300,000 BAIL
MANILA, MAY 22, 2007 (MALAYA) BY ASHZEL HACHERO - FORMER Batangas governor Jose Antonio Leviste was allowed by the Makati regional trial court yesterday to post bail over the alleged murder of an aide, Rafael delas Alas, last January 12.In a 34-page order, Judge Elmo Alameda of RTC Branch 150 said there was no strong evidence of guilt against Leviste.
Leviste repeatedly shot Delas Alas inside the former’s office at the LPL Tower in Legaspi Village, claiming self defense.
Court officials said Leviste’s lawyers were able to post the P300,000 bail but Alameda had left before he could sign an order releasing the accused from the Makati city jail.
"For failure of the prosecution to demonstrate that the evidence of guilt of the accused for the crime of murder is strong to foreclose his right to bail, the court hereby grants the motion and allows the accused to post bail in the amount of P300,000 for his provisional liberty," Alameda said.
Leviste’s counsels argued that although murder is a non-bailable offense, prosecutors from the Department of Justice failed to present strong evidence against their client.
Alameda said the prosecution was able to establish only the death and the identity of Delas Alas and that the gunman was Leviste.
The court cited the testimony of Makati Mayor Jejomar Binay, to whom Leviste surrendered after admitting to having shot Delas Alas.
Alameda said Binay’s testimony, and that of Leviste’s doctor Dr. Reynaldo Kasilag, "deserve credence and full probative weight since no evidence was presented by the accused showing ill-motive on their part to prevaricate."
He added that the prosecution failed to present any witness who could have testified that Leviste attacked Delas Alas or that he was aided by others.
"Treachery and abuse of superior strength cannot be also appreciated in this case. Other than the bare fact that the victim was found dead with gunshot wounds on his head, face, and left forearm, no other evidence was adduced by the prosecution to show that the accused planned or pre-determined the methods to insure the killing of Delas Alas without risk to himself," Alameda said.
Leviste was earlier charged with the lesser offense of homicide but the court granted the DoJ’s motion to reinvestigate the case.
The DoJ panel, led by Senior State Prosecutor Emmanuel Velasco, later ruled that there was treachery in the killing of Delas Alas.
Chief News Editor: Sol Jose Vanzi
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