Former Batangas governor Jose Antonio Leviste will remain at the Makati City Jail as Makati Regional Trial Court Branch 150 Judge Elmo Alameda has yet to issue the order that would transfer him to the New Bilibid Prisons in Muntinlupa City.
According to Makati City Jail warden Superintendent Luisito Muñoz, he has yet to receive the order from the Makati RTC that would authorize Leviste’s transfer to the NBP.
A check with the Makati RTC Branch 150 showed that the order has not yet been issued as Alameda is on leave. The order, according to his staff, could be issued next week, when he returns.
Senior State Prosecutor Emmanuel Velasco who headed the prosecution team, urged the Makati RTC to transfer Leviste to the NBP immediately. However, Velasco added that he is not pressuring the court. “He (Judge Alameda) may have his reasons (for not issuing the transfer), but he (Leviste) should have been transferred immediately to the NBP,” said Velasco.
Further, the Volunteers Against Crime and Corruption (VACC) had visited Leviste at the Makati City Jail Tuesday after receiving reports that the former governor was being given special treatment. VACC chairman Dante Jimenez said they did not find anything irregular in the jail’s treatment of Leviste.
“But of course, that was an announced visit. We will continue monitoring his (Leviste’s) situation at the jail,” said Jimenez.
Muñoz, however, said that Leviste is not, and will not be given special treatment. He also denied reports that Leviste was allowed to keep a cellphone inside his cell.
Leviste for the meantime is detained at the jail’s cell number 8 which he shares with 58 other inmates.
For his part, Leviste’s lawyer Henry Capela is confident that the Court of Appeals will allow his client to post bail pending the resolution of an appeal on the case. Capela said that the case documents are already in the process of being transferred to the CA. After the documents are received by the appellate court, the motion for appeal and the petition to post bail pending the appeal will then be raffled-off to a CA division.
Capela said the CA division to which the motions have been raffled to, will then ask the parties – Leviste’s lawyers and the Office of the Solicitor General which will represent the state, to submit their respective memoranda, afterwhich, the CA can decide whether to grant or deny Leviste’s petition to be granted bail.
Velasco said Leviste could be allowed to post bail by the CA pending the appeal of his case as homicide is a bailable offense. He added that the RTC’s decision convicting Leviste of homicide is not yet final. “I am hoping that the CA will allow our client to post bail. He is qualified for bail,”he said.
Leviste was convicted of homicide by Alameda on Jan. 14, for killing his long-time aide Rafael delas Alas in Makati City two years ago. Leviste said he killed De las Alas in self-defense following an argument. Leviste was sentenced to serve a maximum of 12 years in prison.