CA affirms Leviste homicide conviction

The Court of Appeals has affirmed the conviction of former Batangas governor Jose Antonio Leviste for the killing of his longtime business aide three years ago. In a 30-page decision, the CA’s Seventh Division did not accept Leviste's defense that he shot Rafael de las Alas to protect himself. “Accused-appellant’s contention that he employed reasonable means to repel the aggression is bereft of merit. While (Leviste) claimed to have been unlawfully attacked by Rafael, yet accused did not sustain any injury," the Court said. The appellate court said the number of gunshot wounds that De las Alas sustained did not support Leviste's claim of self-defense. Based on the Medico Legal Report, De las Alas sustained five gunshot wounds in the different parts of the body, two of which were fatal. “When an unlawful aggression that has begun no longer exists, the one who resorts to self-defense has no right to kill or even to wound the former aggressor. In sum, such act of accused-appellant failed to pass the test of reasonableness of the means employed in preventing or repelling an unlawful aggression," it said. The CA also ordered Leviste, 70, to pay the De las Alas’ heirs an additional P50,000 on top of the P100,000 that the Makati Regional Trial Court had earlier ordered him to pay as moral indemnity to the victim’s family. The decision was penned by Associate Justice Juan Enriquez Jr. and was concurred in by Associate Justices Ramon Bato Jr. and Florito Macalino. Judge Elmo Alameda of the Makati RTC branch 150 convicted Leviste of homicide in January 2009 despite originally being charged with the graver offense of murder, and sentenced him to six to 12 years of imprisonment. Alameda said the victim's death did not appear to be premeditated. After his conviction, Leviste, former husband of defeated vice-presidential candidate Sen. Loren Legarda, was brought to the Makati City Jail but was later transferred to the Bureau of Corrections' Reception and Diagnostic Center (RDC) in Muntinlupa City. The CA’s 3rd Division has earlier junked Leviste’s motion to post bail due to the “strong" evidence against him. Leviste's camp said the former Batangas governor was suffering from various ailments including hypertensive cardiovascular disease, dyslipidemia, sleep apnea, and upper gastrointestinal bleeding. Leviste was allowed to temporarily leave detention last February to see a dentist. - MDM/KBK, GMANews.TV