Leviste refuses to enter plea

Former Batangas governor Jose Antonio Leviste refused to enter a plea on the murder charge filed by the Department of Justice (DOJ) against him during his arraignment yesterday, prompting the Makati Regional Trial Court to enter a plea of not guilty on his behalf.

"I refuse to make a plea, sir, because I have a pending appeal with the Court of Appeals (CA)," Leviste said.

Despite his refusal, the court entered a plea of not guilty on his behalf in the case involving the killing of his long-time aide, Rafael de las Alas.

"In view of the refusal of Governor Leviste to enter a plea on the amended information dated March 15, the Court hereby enters a plea of not guilty on his behalf as provided for under Section 1, Rule 16-C on the Rules of Court," Makati RTC Judge Elmo Alameda said.

During a break in the hearing on Leviste’s petition to post bail, female members of the Volunteers Against Crime and Corruption (VACC) led by Honey Herosa, who attended the motion to post bail hearing, accused Leviste of bullying them.

The encounter between Leviste and Herosa’s group occurred when Alameda ordered a five-minute recess on the presentation of witnesses of the prosecution panel to prove that the evidence of guilt against Leviste is strong and that he cannot be allowed to post bail.

Upon Alameda’s exit from his sala, Leviste suddenly stood up from his seat and approached Herosa’s group.

He said in Filipino, "Do you know what you are doing? Do you want a fight?"

When she tried to reply, Leviste cut her off, saying, "So, what are you doing here?"

Alerted by Herosa’s group, Senior State Prosecutor Emmanuel Velasco manifested in Court during the resumption of yesterday’s hearing that Leviste had bad mouthed the VACC members.

"Just a manifestation, your honor, just for the record, during the break, the VACC people called my attention to the fact that Leviste approached them and told them if they know what they are doing and asked his photographer to take pictures of them and this representation, your honor," Velasco said.

Even as Velasco was making his manifestation, Leviste was making side-comments. "Sira ulo talaga tong gago na ito (This idiot is really crazy)," he said, referring to Velasco.

On the other hand, Dominador Llanes, Leviste’s photographer, immediately went out of the court room, prompting Velasco to give chase.

Velasco caught up with Llanes and bodily carried him inside the court and asked him to identify himself to the judge.

Velasco said the taking of their pictures may be a threat to their security as the prosecutor of Leviste’s murder case and as supporters of the victim.

He asked Herosa to recount before the judge the incident that transpired between her and Leviste.

As Velasco was asking Leviste’s photographer to identify himself in Court, Leviste, in a loud voice, said, "Stop that. I’ll be able to get even."

Velasco decried the statement made by Leviste.

"I want to be professional. I came here in this court to be a professional. I just want the accused to tell this court why he is threatening me," Velasco said.

Alameda, despite hearing the subsequent exchanges between Herosa, Velasco and Leviste, did not issue the order.

He instead advised Velasco to make a written motion asking the Court to hold Leviste and his photographer under indirect or direct contempt.

"If you think what he did merits indirect or direct contempt, file the necessary motion. Go to the police if he did something criminal," Alameda said.

In an interview, Leviste accused Velasco of being a "legal bounty hunter."

"I am sad for Dina de las Alas who is being used by the legal bounty hunters. I am very sad for Velasco for not knowing how to shut his mouth," he added.

In his testimony, Senior Inspector Elizalde Odi, chief of the Southern Police District’s (SPD) Scene of the Crime Operatives (SOCO), said that the 9 mm pistol recovered from the hand of the victim was in the safety position.

Odi led a team of SOCO members who responded to the crime scene on the 9th floor of the LPL building where De las Alas was shot and killed by Leviste last Jan. 12.

"The handgun found in the hand of De las Alas was still on safety lock. It would not have functioned. You can pull the trigger, but the hammer will not move," Odi said.

Velasco said he is not a legal bounty hunter.

He said the prosecution will present a total of 15 witnesses for the bail motion filed by Leviste.