The prosecution have asking the Sandiganbayan’s Fifth Division to deny for lack of merit the request of former Batangas Gov. Jose Antonio Leviste to dismiss the malversation case filed against him by the Office of the Ombudsman. The case stemmed from alleged unliquidated P151,385.42 cash advances in 2003 when he was chairman of the Board of Trustees of the Philippine Retirement Authority (PRA). “In the case at bar, the move for a re-determination is no longer warranted,” the prosecution said, citing the court’s ruling last May 30 that found probable cause to try the case. Leviste’s camp has filed an omnibus motion which sought, among others, the dismissal of the case, saying that he was charged without the requisite evidence to establish probable cause. On Wednesday, the court reset Leviste’s arraignment to July 6 pending its ruling on his omnibus motion.