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By James Konstantin Galvez Reporter
THE Makati Regional Trial Court
on Wednesday deferred the pretrial of former Batangas Gov. Antonio
Leviste, who is facing murder charges, pending the resolution of a
motion filed by the defense before the Court of Appeals (CA).
“Due to judicial courtesy, the
Court will defer the pretrial today pending the resolution of the
motion for reconsideration filed at the Court of Appeals. The Court
needs a few days to contemplate on the arguments,” Makati RTC
Branch 150 Judge Elmo Alameda said.
Alameda decided to postpone the
pretrial after nearly an hour of arguments by both parties to give
Leviste more time to decide on whether to defer the trial entirely.
Atty. Alan Gepti, counsel of the
former governor, said the appellate court should be given enough
time to decide on their August 30 motion to save time and the
resources of the court. Judge Alameda rescheduled the pretrial on
October 10.
Leviste’s lawyers have
questioned last month’s ruling of the CA upholding the filing of
the murder charges against the former governor as well as the
reinvestigation of the case by the Department of Justice (DOJ).
On the other hand, the family of
the victim claimed the defense is engaged in delaying tactics.
“Ang tagal naman niyan [That is too long]. It should not have been
the case. It is very unfair to us. I am very angry, disappointed and
frustrated. It has been eight long months since the start of the
case and yet it has not even got to pretrial. The defense is engaged
in delaying tactics,” said Dina De Las Alas, daughter of the
victim upon hearing the deferment of the hearing.
She said that if the pretrial’s
next schedule is deferred, they will seek other legal remedies
before the High Court.
Senior State Prosecutor Emmanuel
Velasco tried hopelessly to convince the court to proceed with the
hearing but was overruled by Alameda.
Alameda took the defense’
arguments that the proceedings might be rendered “null and void”
if and ever the appellate court ruled in favor of the defense.
“The pretrial should go on as
scheduled unless barred by the Court of Appeals and in this case
none has been issued so far. The Court should not take the cudgel
for the appellate court and the defense. They [defense] are engaging
in speculations here. We don’t know what will be the appellate
court’s decision otherwise if we continue engaging in speculations
we will always be put in limbo,” Velasco said.
He added that the rules of court
provides that a pretrial should be held 30 days after the
arraignment of an accused and said Leviste’s turn is long overdue.
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