By Ronron
March 21, 2007
A Makati City court proceeded on Wednesday with the arraignment of former Batangas Governor Jose Antonio Leviste for his murder case despite his opposition.
Judge Elmo Alameda of Makati City Regional Trial Court Branch 150 entered a plea of “not guilty” for Leviste after the latter refused to cite one.
Leviste, the estranged husband of opposition senatorial candidate Loren Legarda, was charged with murder over the death of his long-time associate Rafael delas Alas last January 12 inside his office in Makati City.
Leviste’s lawyers opposed at the start of yesterday’s proceedings the arraignment, saying the Court of Appeals has yet to rule on the petition for certiorari they filed for the quashing of the case.
The defense lawyers are questioning the elevation of the case from homicide to murder by the Department of Justice (DOJ). They maintain that the case should only be homicide, which is bailable and carries a much lesser penalty of imprisonment for 12 years up to 20 years, compared with murder, which is non-bailable and is punishable by lifetime imprisonment.
Leviste had admitted to the committing the crime but said it was in self-defense.
But Alameda said the arraignment can proceed since it will not in any way prejudice the pending petition of the defense before the CA.
Thus, after his arraignment, the court proceeded with hearing the petition for bail of the defense.
The prosecution, headed by DOJ Senior State Prosecutor Emmanuel Velasco, started presenting their evidence to refute said petition by bring to the witness stand Supt. Elizalde Odi of the Southern Police District Scene of the Crime Operatives.
The proceedings started at 9am and ended 12:45 pm.
Alameda set the next hearing on March 28, and on April 18 and 25.
Leviste is currently detained at the Makati City Jail./DMS
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