Introduction

On January 14, 2009, former Batangas Gov. Jose Antonio Leviste, now 71, was found guilty of homicide

for killing his longtime aide Rafael de las Alas in 2007. He was sentenced to 6-12 years in prison.

De las Alas was found dead with four gunshot wounds in the head in Leviste’s office at the LPL Building

in Legaspi Village, Makati City, on Jan. 12, 2007. He was slumped on his seat, holding a gun with his

finger near the trigger.

Three hours after the discovery, Leviste surrendered to the police. He admitted killing his aide but said

he merely saved himself from the threats of an angry De las Alas, who was purportedly demanding P1

million.

In his verdict, Makati Judge Elmo Alameda put weight on evidence that pointed to “the determined

effort of the accused to kill the victim.” Alameda said that if Leviste was just defending himself, one shot

would have been sufficient to immobilize the victim.

Leviste was initially charged with murder, but the court said the prosecution had failed to prove that

there was treachery, premeditation and cruelty.

Alameda ordered Leviste to pay P100,000 in civil and moral damages and canceled his bail.

The judge ordered Leviste escorted to Makati City Jail and then, two weeks later, to be moved to the

New Bilibid Prisons in Muntinlupa City.

Leviste filed a petition for review at the Court of Appeals. He later asked to be released on bail pending

resolution of his appeal and citing health reasons, among others.

Background
Jose Antonio Leviste charged with the murder of Rafael de las Alas, petitioner Jose Antonio Leviste was

convicted by the Regional Trial Court of Makati City for the lesser crime of homicide and sentenced to

suffer an indeterminate penalty of six years and one day of prision mayor as minimum to 12 years and

one day of reclusion temporal as maximum.11

He appealed his conviction to the Court of Appeals.12 Pending appeal, he filed an urgent application for

admission to bail pending appeal, citing his advanced age and health condition, and claiming the

absence of any risk or possibility of flight on his part.

The Court of Appeals denied petitioner's application for bail.13 It invoked the bedrock principle in the

matter of bail pending appeal, that the discretion to extend bail during the course of appeal should be

exercised "with grave caution and only for strong reasons." Citing well-established jurisprudence, it

ruled that bail is not a sick pass for an ailing or aged detainee or a prisoner needing medical care outside

the prison facility. It found that petitioner

... failed to show that he suffers from ailment of such gravity that his continued confinement during trial

will permanently impair his health or put his life in danger. x x x Notably, the physical condition of

[petitioner] does not prevent him from seeking medical attention while confined in prison, though he

clearly preferred to be attended by his personal physician.14

For purposes of determining whether petitioner's application for bail could be allowed pending appeal,

the Court of Appeals also considered the fact of petitioner's conviction. It made a preliminary evaluation

of petitioner's case and made a prima facie determination that there was no reason substantial enough

to overturn the evidence of petitioner's guilt.

Petitioner's motion for reconsideration was denied.

Petitioner now questions as grave abuse of discretion the denial of his application for bail, considering

that none of the conditions justifying denial of bail under the third paragraph of Section 5, Rule 114 of

the Rules of Court was present. Petitioner's theory is that, where the penalty imposed by the trial court

is more than six years but not more than 20 years and the circumstances mentioned in the third

paragraph of Section 5 are absent, bail must be granted to an appellant pending appeal.

Findings

FORMER Gov. Antonio Leviste of Batangas, who was convicted of killing his long time aide, was released

from detention on Friday after authorities granted his request for parole, New Bilibid Prisons (NBP) Supt.

Venancio Tesoro said.

Tesoro said the 73-year-old Leviste, who was convicted in 2009 of homicide for killing his long-time

friend and aide Rafael delas Alas, was given his certificate of discharge and left the NBP compound in

Muntinlupa City around 11:30 a.m.

Leviste was sentenced to six years and one day to 12 years in prison.

However, he only spent four years and five months at NBP and was granted parole for "good time

allowance" because of his discipline and good behavior.

Tesoro said Leviste was actually granted parole on November 19 but the NBP had to check if he has

other pending cases that might derail his release.

"I told to him to make good," Tesoro told The Manila Times, adding that the former Batangas governor

from 1972 to 1980 is not actually totally free since he has to report to his parole officer on a regular

basis.
He added that any infraction of the terms of parole could lead to an order for Leviste to return to the

NBP and serve the full-term maximum sentence of 12 years.

Tesoro explained that the Board of Pardon and Parole (BPP) took old age factor "as a matter of course."

Leviste was committed to the NBP on January 26, 2009.

Leviste hogged the limelight in 2011 after he was spotted roaming in his Makati City office, the same

place where he shot and killed delas Alas.

IV Recommendation

One essential element in improving police effectiveness is reducing response time through developing

command-and-control systems for metropolitan departments, installing police callboxes for public use,

and creating single telephone numbers for each large department. Philippine courts would become

more efficient in processing criminal cases with the establishment of a second Grand Jury. Stricter gun

control laws, juvenile delinquency prevention programs, and general police-initiated crime prevention

efforts could reduce the opportunities for crime. While the Philippine correctional system differs greatly

from that in the United States, there is a growing movement toward rehabilitation of adult and juvenile

offenders.

Conclusion

Murder is the unlawful killing of another person. It is considered one of the most serious crimes in many

legal systems. The act of murder involves the intent to cause death or serious harm to another human

being. This is a grave and distressing topic that affects communities and individuals around the world.