Superintendent Gilbert Cruz, Makati City police chief, said investigators are verifying the authenticity of the firearm license of Leviste covering the .380 caliber handgun used in shooting his aide Rafael de las Alas.
If the documents covering the handgun are in order, Cruz said Leviste will still face homicide charges for the killing of De las Alas.
He said the police have already prepared the detention cell where the former governor will be detained as soon as he is discharged from the Makati Medical Center (MMC) for hypertension.
Leviste remains confined at the MMC where he was confined after he allegedly shot De las Alas inside his office at the LPL Tower Building in Makati City last Friday.
Doctors said the former governor will have to be confined for a few more days to stabilize his blood pressure.
Shortly after shooting De las Alas in the head, Leviste surrendered to Cruz and Mayor Jejomar Binay. He claimed self defense in killing his aide.
Police placed Leviste under heavy guard at the hospital, awaiting word from the doctors as to when he would be released.
Cruz said they will still file the homicide case against Leviste before the City Prosecutor’s Office, even if the former governor is still confined at the hospital.
He said the homicide charges against the former governor may be elevated to murder "if we see the killing had really been planned." — Michael Punongbayan