In an eight-page resolution, Judge Elmo Alameda ruled in favor of De las Alas’ camp who convinced the court that they will suffer direct injury should the homicide case filed against the former governor is tried despite their belief that it was murder.
Alameda sided with the complainants in their argument that they will be deprived of their right to due process if a reinvestigation is not conducted.
The court earlier ordered a reinvestigation after the victim’s daughter had asked the National Bureau of Investigation and the Department of Justice to look deeper into the evidence.
De las Alas’ family believes that Leviste’s former executive assistant was allegedly murdered based on the number and location of bullet wounds sustained.
Leviste’s lawyer, Manuel Singson, questioned the legality of the preliminary investigation being conducted by the Department of Justice (DOJ) panel, headed by Senior State Prosecutor Emmanuel Velasco.
Singson, who attended the first day of the preliminary investigation, heatedly debated with Velasco over the issue.
He said they will not recognize the proceedings of the DOJ. "You apparently are proceeding with this case in haste. The speedy trial belongs to the accused. The person accused of the crime has the constitutional right to submit his counter-affidavit. This proceedings is being conducted by you illegally," Singson told him. Velasco replied he will stop if the Makati court orders it.
Singson argued that the complainant had no right to ask for a reinvestigation. "The accused is the one who has the right to ask for a reinvestigation, but this was already waived by the accused. The complainant can only file a motion for review before the Department of Justice and a motion for reinvestigation. We cannot expect fair play from the DOJ. The preliminary investigation will only result to the upgrading of the case from homicide to murder given the biases of the DOJ panel."
Singson said both Velasco and Justice Secretary Raul Gonzalez have been publicly making "baseless, reckless and irresponsible statements obviously designed to upgrade the charges against my client from homicide to murder."
He said they will file a petition with the Court of Appeals (CA) questioning the proceedings. "From the very start, both Secretary Gonzalez and Prosecutor Velasco had publicly and brazenly pre-judged the case and coming from persons of authority directly involved in the investigation and decision of my case. It is most unfair and unjust to my client."
Singson cited Velasco’s latest statements that only two of the five slugs found from at the crime scene were inconsistent with the firearms of either Leviste and De las Alas.
He said Leviste’s statements were "contrary to the police report which categorically states that the four slugs found were fired from a caliber .380, the gun allegedly used by Leviste."
Citing police findings, Velasco earlier said only two of the five bullets found at the crime scene matched the .380 caliber pistol owned by Leviste.
Velasco pointed out that De las Alas suffered five gunshot wounds, all coming from a .380 caliber pistol.
"Police recovered five bullet slugs from the crime scene. Leviste was armed with .380 caliber pistol while De las Alas was armed with 9 mm pistol. Two slugs of a .380 caliber pistol were found from the body of De las Alas, while three slugs went through and through of De las Alas’ body. Only two of the five slugs of .380 caliber pistol matches the gun of Leviste," Velasco said.
Police did not find any slugs from De las Alas’ pistol. "We are looking into the angle that there are others who shot the victim. We are re-investigating because the private complainant wanted to have a reinvestigation to know what really happened," Velasco said.
Velasco pointed out that Leviste’s admission that he killed De las Alas in self-defense was only made by the former Batangas governor through the media. "He even refused to subject himself to paraffin test. He has no affidavit. We would like to know if he is really the one who fired the shots."
Leviste surrendered to Makati City Mayor Jejomar Binay at the Makati Medical Center hours after the Jan. 12 killing. He admitted killing De las Alas, claiming it was self-defense. — With Jose Rodel Clapano