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By James Konstantin Galvez, Reporter
MAKATI Regional Trial Court Judge
Elmo Alameda on Tuesday reprimanded the Department of Justice for
issuing subpoenas and scheduling the reinvestigation of the case
against former governor Antonio Leviste of Batangas without first
getting the approval of the court.
Leviste, the estranged husband of
former senator Loren Legarda, is accused of homicide for killing his
long-time associate Rafael de las Alas in Leviste’s office on
January 12.
Shortly after he surrendered to
Mayor Jejomar Binay of Makati City, Leviste was taken to the Makati
Medical Center following complained of hypertension.
“The court does not dispute
your contention on the right of the private complainant to seek a
reinvestigation but the moment the information is filed in court
then you should have asked for its permission. By what authority did
you have to issue the subpoena without informing the court?”
Alameda told State Prosecutor Emmanuel Velasco of the DOJ’s move
to schedule the reinvestigation Wednesday.
Velasco apologized to Alameda
and said he would cancel the reinvestigation if he did not get the
judge’s approval.
“Pardon my ignorance, your
Honor. I didn’t know it at the time that the information was
already filed in court,” said Velasco, claiming that his order was
not meant to preempt the court but to save time for both parties.
“To save time I deem it proper
at that time. We all know the maxim, ‘Justice delayed is justice
denied.’ This reinvestigation is not only for the private
complainant but also for the former governor,” Velasco said.
Alameda said, “It is more
prudent on the part of the prosecution to wait for his order on the
resolution of the motion for reconsideration” than proceed with
the reinvestigation.
He said he would try to resolve
the issue Tuesday.
The prosecution panel argued that
a reinvestigation would help uncover what really happened on January
12.
Velasco said questions about
whether there were other people beside Leviste and de las Alas
inside the room where the crime took place and the gun from which
the shots that killed de las Alas were fired would be answered
during the reinvestigation.
He said authorities have yet to
submit the results of the ballistic examination on the firearms, a
9-mm pistol and a .380 caliber revolver found in the crime scene.
The authorities should also have
administered a paraffin test on Leviste immediately after the
incident, Velasco said. Leviste has refused to submit to such a
test.
He also said that Leviste has not
submitted an affidavit detailing his confession and that his claim
that he acted in self-defense came only from reports in the media.
“The reinvestigation does not
necessarily mean the upgrading of charges. I don’t care what they
say about me but we will base the charges on the findings of
evidence. If it is homicide so be it but if we find evidence of
murder then we will file the murder charges,” Velasco said.
Leviste’s lead counsel, Manuel
Singson, said his client is disappointed with the suspension of his
arraignment and the holding of a reinvestigation despite his
confession that he shot de las Alas.
Singson said his client will not
participate in today’s reinvestigation, claiming it is a farce
and without legal basis.
--With Sam Mediavilla
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