Leviste rap raised to murder

The homicide charge against former Batangas Gov. Jose Antonio Leviste, accused of killing long-time aide Rafael de las Alas, was upgraded to murder yesterday by a state prosecutor.

Senior State Prosecutor Emmanuel Velasco said the murder charge stemmed from his findings that there were "premeditation, element of treachery and cruelty" in the way De las Alas was killed.

"We already file a motion to withdraw the information for homicide and instead allow the filing of murder charges against Leviste and several other unidentified persons. Our findings is that Leviste could not do this alone," Velasco told a news conference.

Leviste has admitted killing De las Alas but claimed it was in self-defense.

Velasco contended that the killing "could have already been planned by Leviste," citing the testimony from Leviste’s secretary, Nelia Gonzales, "that on the night of Jan. 11, Leviste and the victim were already quarreling." The two allegedly argued over a P1-million commission that Leviste owed De las Alas.

"There is also an element of treachery because the shooting was unexpected. Then there was downward trajectory. De las Alas was shot while sitting in a chair, in the forearm while covering his face. This negates that De las Alas was carrying a gun, and if he was indeed carrying a gun, that he tried to shoot Leviste," Velasco argued.

"There was also cruelty in the way De las Alas was killed because he was shot several times and the succeeding shots are not to neutralize him because one shot is enough. The deliberate attempt of Leviste and the other assailants is to silence De las Alas forever."

Velasco added that there were others who shot De las Alas because the police found three bullets that did not match either guns of Leviste and De las Alas.

"The entry of the bullets were comprised of three in front and two at the back. The slugs recovered did not match Leviste’s gun. The other assailants helped to ensure that De las Alas is dead."

Velacso said there were indications that the crime scene was staged before the police arrived to make it appear that De las Alas was the attacker.

"The three slugs recovered from the crime scene have no sufficient microscopic mark to match Leviste’s gun. The two other slugs were removed from the body of the victim. It could be two or three persons who killed De las Alas," Velasco said.

Blood at the crime scene were also inconsistent with the position of De las Alas’ body, indicating that he was shot and the body propped on a chair to make it appear that Leviste was only defending himself.

Meanwhile, Leviste’s lawyer, Manuel Singson, has asked the Court of Appeals to stop Leviste’s indictment for murder before the Makati City Regional Trial Court.

In a 30-page petition, Singson sought a temporary restraining order and asked the appellate court to order Leviste arraigned on a homicide charge.

He said Velasco and Justice Secretary Raul Gonzalez have unduly prejudged the case by making public statements that Leviste should be charged with murder.

"For against all norms of fair play, respondents (DOJ officials) have become both his judge and prosecutor at the same time. Worse, they are riding in an express train running at full speed, to trample upon his constitutional rights. To be sure, it is a basic component of the right to due process of law that any proceedings against a person must be conducted by a fair and impartial judge, one who hears before he condemns, one who renders judgment only after trial," Singson stated in his petition. — With Michael Punongbayan