DOJ to charge Leviste before Makati court over 'vacation'

UPDATED 10:30 a.m. - The Department of Justice (DOJ) will file before a Makati court on Friday charges of evasion of service of sentence against former Batangas Gov. Antonio Leviste, who was caught leaving the New Bilibid Prison without permit. Leviste, convicted of homicide in 2009, was arrested last Wednesday for leaving the national penitentiary without a pass. Leviste, however, has denied committing any wrongdoing, saying he only had to go to the dentist. In a four-page resolution, the DOJ found probable cause to indict Leviste for violation of Article 157 of the Revised Penal Code, which penalizes convicts who have evaded service of their sentence by escaping during the term of their imprisonment. The DOJ will also file charges against Leviste's driver, Nilo Solis, for being an accomplice. "It is respectfully recommended that the corresponding informations for violation of Article 157 of the RPC be filed against respondent Leviste, and against respondent Solis, as an accomplice to the offense committed by respondent Leviste," said the resolution written by Senior Assistant State Prosecutor Lilian Alejo. Prosector General Claro Arellano and Senior Deputy State Prosecutor Richard Fadullon approved the resolution. The criminal cases will be filed with the Makati City Metropolitan Trial Court, Arellano said in a phone interview with GMA News Online. DOJ: All elements of the offense was present Leviste was subjected to inquest proceedings last Wednesday, stemming from the complaint filed by the National Bureau of Investigation. The inquest, presided over by Alejo, serves to determine whether there is probable cause to file charges against him for evasion of service of sentence charges. When there is a warrant-less arrest, as in Leviste's case, a suspect is subjected to inquest proceedings in lieu of a formal DOJ preliminary investigation. Both inquest proceedings and preliminary inquiries seek to determine whether there is probable cause that warrants the filing of the appropriate charges against a respondent. If the Makati court finds Leviste guilty of evasion of service of sentence, six more years will be added to his sentence of six to 12 years for homicide. In its resolution, the DOJ said all the elements of the offense (evasion of service of sentence) was present in what Leviste did. Article 157 of the Revised Penal Code penalizes "any convict who shall evade service of his sentence by escaping during the term of his imprisonment by reason of his final judgment." The DOJ then established that Leviste, who is serving his sentence at the NBP, was seen and arrested last Wednesday in Makati City, "which is definitely outside the confines of the New Bilibid Prison." "All the elements of the offense being present, there is probable cause to hold respondent Leviste liable for violation of Article 157 of the Revised Penal Code," the resolution said. DOJ's fact-finding probe Also last Wednesday, Justice Sec. Leila de Lima has ordered the creation of a panel that will conduct a three-day fact-finding investigation on why Leviste was able to go in and out of Bilibid without permission. Vowing that "heads will roll" because of the incident, De Lima said Bureau of Corrections director Ernesto Diokno may also be held liable for the incident. "We will know whether we will recommend Director Diokno to be subjected to disciplinary proceedings. And remember that he is a presidential appointee, so he is subject to disciplinary powers of the Office of the President, but the DOJ can always recommend [sanctions]," said De Lima. However, Diokno said he implemented the proper measures when it was first reported to him that Leviste was leaving NBP premises. He added he had warned the governor several times. "When I first got here [as BuCor director], I received the information that high-profile prisoners are going in and out of Bilibid. One of those was Leviste. So I told him that I had such information. But he said he remains within the compound and that he had a twin. So I gave him all the warnings," Diokno said. - VVP, GMA News