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Thursday, March 22, 2007

 

Makati court enters no-guilty plea for Leviste

By James Konstantin Galvez, Reporter

Former governor Antonio Leviste of Batangas on Wednesday refused to enter a plea when he was arraigned for the murder of his long-time associate last January.

The 67-year-old Leviste arrived at Branch 150 of the Makati Regional Trial Court accompanied by half a dozen armed jail guards.

Leviste is accused of killing Rafael de las Alas following an argument in Leviste’s office in Makati.

The proceedings were delayed for about an hour as Leviste’s lawyers, led by Manuel Singson, sought to postpone the arraignment, citing their pending motion before the Court of Appeals.

Leviste’s lawyer is questioning Judge Elmo Alameda’s decision to grant the recommendation of Senior State Prosecutor Emmanuel Velasco to upgrade the charge from homicide to murder.

But Alameda ruled in favor of the prosecution and ordered the arraignment to proceed.

“I refuse to make a plea due to our pending motion before the Court of Appeals,” Leviste said when asked by the court for his plea.

The court entered a not guilty plea on his behalf.

During a five-minute recess, Leviste approached a group in the gallery from the Volunteers against Crime and Corruption who attended the hearing in support of de las Alas’ family.

“Do you know what you are doing? Do you want to pick a fight?” Leviste told the group led by Honey Herosa.

When the proceedings resumed Velasco told the court about the incident. Herosa was allowed to speak but before she could finish Leviste cut her off and asked again if she and her group knew what they are doing.

He also lashed out at Velasco after the prosecutor asked the photographers in the courtroom to identify themselves.

Velasco had said a certain Dominador Llanes was taking photographs of the VACC group supposedly on Leviste’s order.

“Stop what you’re doing, I will get even,” Leviste shot at Velasco.

“I want to be professional. I came here in court trying to be professional. All I want is for the accused to explain why he is threatening me,” Velasco replied.

To restore order, Alameda asked the prosecutor to put his complaint in writing.

In an interview outside the courtroom, Leviste said Velasco went beyond his role as a prosecutor.

“I’m very sad for Dina de las Alas [the victim’s daughter] for being so greedy and allowing herself to be used by legal bounty hunters. I am very sad for Prosecutor Velasco for not knowing that he is beyond the bounds of his role as a prosecutor. I am very sad for the state of our legal system for letting people suffer. I’ve seen so many at the Makati City Jail,” said Leviste.

Velasco denied he is seeking publicity at the expense of the accused. “I am not a publicity-seeker. I am just transparent to the media since every case should be made transparent to the public,” he said.

During the bail hearing, the prosecution presented the first two of its 15 witnesses, Senior Insp. Elizalde Odi of the Southern Police District’s Scene of the Crime Operatives and evidence custodian Maria Luisa Bocayan.

Odi headed the SOCO team that went to the crime scene on the 9th floor of the Leviste-owned LPL Tower and recovered the evidence such as Leviste’s .380 pistol and de Las Alas’ own .9-mm pistol.

Odi testified the safety catch in that de las Alas’ gun was on, boosting Velasco’s argument that the victim was not able to fire nor retaliate.

Leviste said he shot de las Alas in self-defense. The prosecution maintains that Leviste and several people used “treachery, cruelty and evident premeditation” in shooting de las Alas.

   
 

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Severino O. Frayna Jr., Benjie Dela Rosa
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