Makati trial court orders new probe into Leviste aide's slay

(Update) The Makati regional trial court on Wednesday ordered a reinvestigation of the criminal case against former Batangas governor Jose Antonio Leviste, who shot dead his aide inside an office building earlier this month. Judge Elmo Alameda of the Makati RTC-Branch 150 sided with the requests of the Department of Justice (DOJ) and the family of slain Rafael delas Alas to ascertain whetherLeviste should indeed be charged with homicide, dzBB radio said. With the decision, Leviste's arraignment on Wednesday morning failed to push through. Both the DOJ and the Delas Alas family believe that government prosecutors should have filed murder instead of homicide charges against the former Batangas strongman. Alameda gave the Delas Alas camp 30 days to submit all documents and evidence to justify the elevation of the case to murder. Leviste and his counsels, meanwhile, were given 10 days to comment on the motion to include the former governor in the Bureau of Immigration (BI) hold departure list, dzMM radio said. The DOJ on Wednesday already ordered the BI to place Leviste in its watchlist. The move was meant to ensure that Leviste would be able to attend all of the legal proceedings. Delas Alas, 68, was shot about 12:30 p.m. on January 12 at the 9th floor of the Leviste-owned LPL Building in Legaspi Street, Makati. Delas Alas was the building administrator. The victim, who was laid to rest Sunday, was found dead in front of Leviste's table inside the latter's office at the ninth floor of the building. He sustained gunshot wounds to his head, including one with an exit wound near his nape. Leviste argued that he acted in self-defense. He gained temporary liberty after posting a P40,000-bail. During his courtroom appearance Wednesday, Leviste attempted to speak with members of the Delas Alas family, dzMM radio said. He reportedly told them that he was sedated, but also extended his sympathies to the family members. In a related development, Senior state prosecutor Emmanuel Velasco said he would summon at least five witnesses, including Makati Mayor Jejomar Binay, who helped facilitate Leviste's "surrender" to the authorities. The Makati police and National Bureau of Investigation officials have been summoned to attend the DOJ's preliminary investigation on the case at 2 p.m. on January 31. Second Assistant City Prosecutor Henry Salazar, who filed the homicide case before the Makati court, included in his information sheet the sworn statement of Nelia Gonzalez, executive assistant of Leviste. Gonzalez claimed that Delas Alas "had a handgun tucked [into] his waist [band]" when he arrived at the former governor's office. She said she overheard the two arguing about money and business matters. The prosecutor also cited the sworn statements of lawyers Rex Raynaldo Sandoval and Dennis Amparo, who alleged "they heard successive gunshots" while they were at their office on the upper floor in the afternoon of January 12. The two went down to check and saw Leviste with victim. They said Leviste claimed the man tried to kill him. Salazar said there was no doubt that it was Leviste who shot Delas Alas because this fact has been admitted by the former governor. He insisted there was no "qualifying circumstances as provided for under Article 48 of the Revised Penal Code" that would qualify the crime as murder. Salazar said that murder could only qualify in the presence of the following factors: treachery; in consideration of a price, reward or promise; by means of fire, poison, explosion or shipwreck, among others; with evident premeditation; and with cruelty, deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse. "In the absence of any qualifying circumstance as provided for under Article 48 of the Revised Penal Code, the acts of the respondent is only constitutive of homicide," Salazar ruled. Lawyer Alfredo Lazaro, legal counsel of the Delas Alas family, earlier said they would seek a reconsideration of the prosecutor's decision and move for the upgrading of the charge to murder. "[They are rushing the homicide case] so we will have to file the corresponding motion before the courts and then we will now ask the intervention of the secretary of justice to conduct a new investigation into the case," he told GMA News in an exclusive interview. Dinna Delas Alas Sanchez said her family members had expected the decision of the prosecutor. - with a report from Joan Dairo, GMANews.TV