New probe ordered on Leviste case

A Makati City judge ordered yesterday a new investigation of the criminal case filed against former Batangas governor Jose Antonio Leviste, who shot dead his business associate inside his office on Jan. 12.

Judge Elmo Alameda of the Makati Regional Trial Court-Branch 150 directed the Makati City Prosecutor’s Office to take a second look at the case, given the initial findings and existing evidence on record. He said a recommendation should be submitted to the court within 30 days.

Alameda also ordered the deferment of Leviste’s arraignment pending the resolution of the re-investigation to be conducted by the Makati City Prosecutor.

Alameda directed the defense to answer within 10 days the motion of the prosecution to include Leviste in the hold-departure order list of the Bureau of Immigration.

The court order favored the earlier appeal made by the Department of Justice (DOJ) and the family of slain Rafael de las Alas for a re-investigation of the case.

At the hearing, the lawyers for the prosecution and the defense argued over the need to push through with the re-investigation.

A team of lawyers representing Leviste said "the DOJ has initiated the re-investigation of the case even without asking the approval of the Honorable Court." They also said neither "the Supreme Court nor the Justice Secretary may interfere in the case" and added that, "on procedural grounds, a re-investigation is flawed."

Lead defense counsel Manuel Singson said, "a re-investigation is a charade, a ploy."

"This will mean an injustice for the accused as he will remain in detention while the case is on trial," he said.

However, De Las Alas family lawyer Joven Salazar said it is the right of the complainant to seek a re-investigation of the case.

Weeks after evading the public eye, a seemingly frail Leviste showed up in a blue suit at yesterday’s hearing. A health aide was always by his side.

"I would like to express my deepest condolence to the family and I wish that they could build from the ruins of this unfortunate incident," Leviste said in an ambush interview.

The victim’s relatives, led by De Las Alas’ daughter Dina, who also appeared in court, were dismayed after second Assistant City Prosecutor Henry Salazar ordered the filing of homicide charges against Leviste instead of murder charges.

Justice Secretary Raul Gonzales sacked Salazar and named Senior State Prosecutor Emmanuel Velasco Jr. to replace him in prosecuting the case against Leviste.

Velasco later asked the Bureau of Immigration to place Leviste on its watch list.

Leviste’s lawyer, 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 are filed against him in court. He has no intention of running away or leaving the country," Capela said.

Singson said they will file a motion for reconsideration regarding the order to investigate the case again and, "If it will be denied, we will appeal to the higher court."

Velasco said that, apart from sending the Philippine National Police (PNP) and the National Bureau of Investigation (NBI) subpoenas for them to turn over the pieces of evidence and documents they gathered, as well as the statements of witnesses on the incident, subpoenas will also be delivered to Makati Mayor Jejomar Binay and Nelia Gonzales, a member of Leviste’s staff.

Binay facilitated Leviste’s surrender, while Gonzales reportedly overheard the argument that transpired between Leviste and De Las Alas.

De Las Alas was later found dead inside Leviste’s office on the ninth floor of the LPL Towers in Legaspi City. Leviste said he had acted only in self-defense when he shot De Las Alas, a long-time aide.

Meanwhile, NBI Deputy Director for Regional Operations Service Reynaldo Esmeralda said the NBI will take part in the ocular inspection of Leviste’s office on Jan. 31 to determine if Leviste was in imminent danger during the shooting.

Esmeralda said the NBI National Capital Region office under Regional Director Ruel Lasala was ordered by Velasco to conduct the re-investigation of the De Las Alas slay.

"With the Makati City court’s order to postpone the arraignment of Governor Leviste, Prosecutor Velasco has ordered the NBI-NCR to conduct a parallel investigation and to order the Makati police to turn their evidence over to the NBI," Esmeralda said.

He also said Leviste may be present during the re-investigation, during which a re-enactment of the De Las Alas slay may take place.

Leviste will be expected to describe the events that took place at the scene of the shooting.

Esmeralda also said he was unaware of whether forensic expert Dr. Raquel del Rosario-Fortun would accompany them during the ocular inspection.

Fortun was commissioned by the De Las Alas family to again autopsy Delas Alas’ remains and she told the family that she needed to see the crime scene.

"We want to determine what really happened that day," Esmeralda said, adding that the NBI will ask about the relative positions of De las Alas and Leviste before and after the shooting.

The NBI will also "check if (Leviste) was truly in imminent danger from De las Alas, because he claimed that he shot the victim in self-defense," Esmeralda said.

NBI investigators will also consider the possibility that Leviste was not the real triggerman and that he only took the blame for De Las Alas’ death to protect someone else.

While Esmeralda said there is no evidence to support this angle of the case, it is not the first time such a scenario took place.

Initial autopsy reports from the PNP’s Scene of the Crime Operatives (SOCO) showed that De las Alas sustained five gunshot wounds in the head and back and that there were defensive wounds on De las Alas’ left forearm.

The NBI-NCR will also interview and take statements from Leviste’s staff and other persons at Leviste’s office at the time of the shooting as to where they were and what they were doing then. — With Evelyn Macairan