Former Gov Leviste charged with evasion of jail sentence

MANILA, Philippines—For playing ‘hooky’ from his jail cell at the New Bilibid Prison, former Batangas Governor Antonio Leviste was slapped with another criminal case by Department of Justice (DoJ).

Prosecutor General Claro Arellano confirmed in a phone interview that the case for violation of Article 157 of the Revised Penal Code for Evasion of Service of Sentence was filed against Leviste before the Makati City Metropolitan Trial Court.

“I have already approved the recommendation of the prosecutor to file the case for violation of Article 157 in court, Makati MTC,” Arellano confirmed.
Article 157 of the RPC provides that “the penalty of prision correccional in its medium and maximum periods shall be imposed upon any convict who shall evade service of his sentence by escaping during the term of his imprisonment by reason of final judgment. However, if such evasion or escape shall have taken place by means of unlawful entry, by breaking doors, windows, gates, walls, roofs, or floors, or by using picklocks, false keys, deceit, violence or intimidation, or through connivance with other convicts or employees of the penal institution, the penalty shall be prision correccional in its maximum period.”
Prision correccional under Article 27 of the RPC carries the penalty of six months and one day, to a maximum of six years.

Leviste was convicted of homicide on Jan. 14, 2009 for the killing of his longtime friend and aide Rafael De Las Alas. The Makati City Regional Trial Court sentenced him to 6 to 12 years in prison.

He is a ‘living out’ inmate at the NBP. A ‘living out’ inmate is not restrained in any cell at the NBP, and is free to move around the prison facility. As a rule, only those who are sick, or facing penalties less than six years, or inmates who are above 70 years-old, are granted living-out privileges.

The new case against Leviste will be on top of the homicide case where he was convicted. The homicide case already attained finality since Leviste no longer appealed the Makati Court’s decision, says Justice Secretary Leila De Lima on Thursday.

Leviste was arrested outside the LPL Tower in Makati, saying he was suffering from severe toothache.