The 66-year-old Leviste underwent inquest yesterday at the Makati Medical Center, where he is confined.
Assistant City Prosecutor Henry Salazar conducted the proceedings to determine if there is probable cause to charge Leviste in court.
Police said they recommended the filing of homicide charges against Leviste because investigations showed he admitted shooting 68-year-old Rafael de las Alas in self-defense shortly after the incident.
Police said Leviste refused a paraffin test, which would determine if he had fired a gun recently.
However, Superintendent Gilbert Cruz, Makati police chief, said that no longer matters because Leviste already confessed to shooting De las Alas.
Leviste’s gun, a caliber .380 Alexandra Virginia, and the .9mm pistol of De las Alas are both licensed.
De las Alas was reportedly holding the .9mm when police arrived at the crime scene.
Attached to the complaint against Leviste were three sworn statements by Ma. Dina Sanchez, daughter of De las Alas; Nelia Gonzalez, Leviste’s secretary; and lawyer Rex Sandoval who told police he saw Leviste leaving his office while yelling: "That man tried to shoot me."
Meanwhile, the De las Alas family asked the National Bureau of Investigation yesterday to conduct a separate investigation into the killing of their father.
NBI Director Nestor Mantaring instructed the NBI-National Capital Region (NCR) headed by Regional Director Ruel Lasala to handle the case of De las Alas.
"We would conduct an investigation," he said."But we do not intend to compete and would coordinate with the police since they have some of the evidence in the case."
Nazarene de las Alas, 40, and his sister Dina Sanchez, 41, were accompanied by Dante Jimenez, founding chairman of the Volunteers’ Against Crime and Corruption (VACC), when they went to the office of Mantaring.
"Makati Mayor Jejomar Binay should not interfere with the investigation," Jimenez said.
"Who is he to say that the case is already closed. Before they ruled that it was a murder or homicide, they should first complete the investigation because homicide is a bailable offense and murder is not."
De las Alas said Makati authorities cannot say that the case of their father’s killing is already closed since they have not yet started their investigation.
"We just want the truth to come out," he said. "What transpired in that room (where the shooting incident happened)."
In her one-page letter to Mantaring, Sanchez said, "I am requesting for a separate investigation on the killing of my father to clear doubts as to the real circumstances of his death."
Sanchez said they are puzzled why the Makati City police have not yet released documents like their father’s death certificate, and autopsy and medico-legal report.
"They said that we could already get the medico-legal report last Saturday, but it is already Monday and up to now we have not received a copy," she said.
De las Alas said his father appeared to have sustained four gunshot wounds, three in front and one at the back, and a bullet hole on the head and left cheek.
"We also want to know if our father fired his gun because four slugs were reportedly recovered from the crime scene, and he sustained four bullet wounds," he said.
De las Alas denied news reports that his father had drank liquor before he was killed. — With Evelyn Macairan