Prosecutors set more witnesses vs Leviste

The Makati City Regional Trial Court (RTC) has granted the request of government prosecutors to present several more rebuttal witnesses against former Batangas governor Antonio Leviste who is accused of killing his long time aide last year.

Judge Elmo Alameda of RTC Branch 150 ruled that Senior State Prosecutor Emmanuel Velasco’s absence in the hearing last June 25, cannot be construed as a veritable display of capriciousness or oppressiveness.

Records show that Velasco had missed only two hearings since the trial began a year and a half ago shortly after the alleged murder in January 2007.

“The record of the entire proceedings would tend to establish that he has been religious in his attendance and that the court should not conclude that his absence on June 25 was preconceived, deliberate or with the intention of unduly delaying the proceedings,” the court explained.

Alameda granted the prosecution’s motion to be allowed to present more rebuttal witnesses as part of their duty to present all evidence against an accused.

“The court recognizes the right of the state and its inherent prerogative to prosecute criminal cases and therefore be afforded full opportunity to present all its evidence provided the presentation thereof should be in accordance with the rules,” he said.

The court, however, advised the prosecution panel against presenting witnesses who will only repeat or corroborate the testimonies of previous ones considering that the trial is already in the rebuttal stage.

Velasco had expressed willingness to present only five rebuttal witnesses instead of more than a dozen.

Their testimonies are expected to focus on countering the defense panel’s claim that the victim Rafael de Las Alas had drank alcohol and was angry when he arrived for work on the day he was killed at Leviste’s office at the LPL Towers in Makati City.

Leviste, who surrendered to Mayor Jejomar Binay and Makati City police chief Senior Superintendent Gilbert Cruz after the incident, claimed that he shot and killed De las Alas in self-defense.