Gonzalez’s order to Immigration Commissioner Alipio Fernandez Jr. follows his directive to Senior State Prosecutor Emmanuel Velasco to determine whether the charge of homicide filed by the Makati City police against Leviste for the killing of his long-time aide Rafael de las Alas last Jan. 11 can be upgraded to murder.
The justice chief designated Velasco as acting prosecutor after Assistant City Prosecutor Henry Salazar, who recommended the filing of homicide charges against Leviste, was sacked.
The De las Alas family is seeking to modify the charge against Leviste to murder.
Velasco said a new preliminary investigation will be conducted on Jan. 24 to determine if this can be done.
Leviste, who admitted killing De las Alas but claimed self-defense, is out on bail. He was confined for several days at the Makati Medical Center for hypertension but quietly slipped out after his doctors declared him fit.
His counsel, Henry Capela, said a hold-departure order is an "uncalled for act" since his client has no intention of running away from the charges.
"My client says he will face whatever charges filed against him in court," Capela said.
Leviste is set to appear today for his arraignment before Judge Elmo Alameda of the Makati City Regional Trial Court Branch 150. — Jose Rodel Clapano, Rhodina Villanueva