Police are set to file homicide charges against Leviste, who shot dead his aide in his Makati City office the other day and claimed self-defense.
Makati City police chief Superintendent Gilbert Cruz said they will file the case tomorrow before the City Prosecutors Office, even if Levistes confinement at the Makati Medical Center (MMC) is prolonged.
"It is just a matter of preparing the documents. The case will still be filed. We will file homicide (charges) against (Leviste), whether or not he shot the victim in self-defense," Cruz said.
Cruz also said the homicide charges against Leviste may be elevated to murder "if we see the killing had really been planned."
This developed as Levistes attending physicians issued a medical bulletin that his condition has improved. Leviste was rushed to the MMC after he complained of hypertension symptoms after the shooting.
Senior Police Officer 4 Marlon Almoguerra said that, "compared (with) last Friday, (Leviste) is, physically, in much better condition but he is still under medication."
Levistes doctor, Raynato Kasilag, said Leviste suffers from hypertensive cardiovascular disease and that it is imperative that Leviste avoid stressful conditions for the moment.
After Leviste is discharged from the hospital, he will reportedly be detained at the Makati Police headquarters.
The victim, Rafael delas Alas, who is said to have been one of Levistes trusted aides was shot in the face twice.
Delas Alas was found dead in Levistes office on the ninth floor of the LPL Tower building on Legaspi Street in Legaspi Village, Makati. The shooting occurred on Friday at 12:20 p.m.
Leviste surrendered to Binay at the MMC and was placed under arrest.
Four spent bullet shells were recovered from the crime scene in Levistes office.
The police also found a cal. 380 Alexandra Virginia pistol, allegedly owned by Leviste, and a 9mm pistol at the crime scene.
Investigators said Leviste and the victim could have been drinking before the shooting occurred.
Almoguerra said "delas Alas is also a native of Batangas. They have known each other for more than 40 years."
He added they are keeping Leviste under a tight watch and will wait until his condition is better. At least six policemen are now detailed at the hospital.
Delas Alas remains are lying in state at the Arlington Funeral Homes on Araneta Ave. in Quezon City.