HERCOR COLLEGE

College of Criminal Justice Education

Non- Institutional Corrections

CORAD 102

CASE STUDY ANALYSIS PAPER

NANCY MAE CABANOS

STUDENT
BS CRIMINOLOGY
3G

PCAPT. ROGIE E. BARIL (Ret) RC DPA

INSTRUCTOR

HERCOR COLLEGE

College of Criminal Justice Education

 Non- Institutional Corrections

CORAD 102

CASE STUDY ANALYSIS PAPER

NANCY MAE CABANOS

STUDENT
BS CRIMINOLOGY
3G
PAROLE

I. 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.

I. BACKGROUND OF THE STUDY

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.

III. 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.

V. 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.