Gonzalez ordered the Makati City Prosecutor’s Office to further investigate the case and if evidence is found, to change the homicide charges that were initially filed against Leviste to murder.
Gonzalez, in an interview over radio station DZBB , said he believes that the killing of Rafael de las Alas, 68, inside Leviste’s office at the 9th floor of the LPL Tower building along Legaspi St. in Legaspi Village, Makati City, was a case of murder.
"That is what I think, considering the number of wounds received by the victim," he said.
A second autopsy performed on the victim by forensic pathologist Racquel Fortun at the Manila campus of the University of the Philippines revealed a "defense wound" on the left forearm of De las Alas. The new autopsy was meant to determine if the victim’s injuries were consistent with murder and not just homicide.
Leviste, 67, estranged husband of former Sen. Loren Legarda, admitted that he shot dead De las Alas and claimed self-defense. Leviste later surrendered to Makati Mayor Jejomar Binay at the Makati Medical Center (MMC) where he proceeded after the shooting incident to seek treatment for hypertension.
Police filed a homicide charges against Leviste, who is still confined at the MMC on the advice of his doctors.
Judge Elmo Almeda of the Makati Regional Trial Court will handle the homicide charges filed against Leviste.
Leviste’s lawyers are ready to immediately post a P40,000 bail for the temporary liberty of Leviste.
The victim’s family said Leviste should have been charged with murder instead of homicide, but police investigators said it’s up to Second Assistant City Prosecutor Henry Salazar, who is handling the case, to decide if the charges would be elevated to murder.
Gonzalez said that he could elevate the charge against Leviste from homicide to murder if evidence would warrant it.
Fortun said the autopsy report she made was initial and that she may have to inspect the crime scene and possibly interview some witnesses to get a clearer picture of the incident.
The autopsy on De las Alas performed by Southern Police District medico-legal division chief Voltaire Nulod showed that the victim was shot twice.
Police investigators found four spent shells at the crime scene.
They also recovered a caliber .380 Alexandra Virginia pistol and a 9 mm pistol. The lifeless De las Alas was reportedly found still clutching the 9 mm pistol with his right hand.
The family of De las Alas is expected to present as evidence the autopsy report of Fortun. — With Michael Punongbayan