Palace: Heads to roll in Leviste 'stroll'

Manila, Philippines - Malacañang assured yesterday that heads will roll as President Aquino summoned Bureau of Corrections (BuCor) director Ernesto Diokno after former Batangas governor and convicted killer Jose Antonio Leviste was arrested outside the New Bilibid Prisons (NBP) Wednesday.

Leviste was charged before the Department of Justice (DOJ) yesterday with evasion of service of sentence. His driver, Nilo Solis, was also charged with the same offense as an accomplice.

Presidential Spokesperson Edwin Lacierda said the President called on Justice Secretary Leila de Lima to investigate the matter and talked with Diokno as well. The details of the President’s meeting with Diokno, however, were not disclosed by the Palace.

“If you are asking for an iron hand… De Lima can be expected to come up with very strong recommendations on the conduct of treatment with respect to prisoners in Muntinlupa. And I think those who have been negligent in their duties as prisoner official should be made accountable,” Lacierda said.

Lacierda said De Lima will look into the supposed special privileges given to rich and well-connected prisoners at the BuCor.

Based on an order issued by De Lima, the National Bureau of Investigation (NBI) arrested Leviste outside his LPL building in Makati on Wednesday afternoon. He is serving a 12-year sentence for killing his aide, Rafael de las Alas, in his office at the building in 2007.

The Court of Appeals upheld Leviste’s conviction for homicide last year.

If Leviste is found guilty of violating Article 157 of the Revised Penal Code, he may get another six years on top of his earlier sentence for homicide.

Leviste was brought to the DOJ at noon yesterday for inquest proceedings before Senior State Prosecutor Lilian Doris Alejo. The case is expected to be filed in court today.

DOJ mulls charging Diokno

De Lima ordered the immediate relief of the guard assigned to Leviste, Fortunato Justo, who reportedly went into hiding. The DOJ has direct supervision over BuCor.

The incident also prompted De Lima to order an investigation to determine the possible liability of Diokno and other officials for allowing Leviste to leave the penitentiary without an official permit.

She said a special panel composed of DOJ fiscals and an officer from NBI would be created to conduct a summary investigation for three days starting Monday next week.

“The panel will immediately submit a report so we will know if we will recommend Diokno for administrative proceedings in the Palace,” she said.

“There seems to be infidelity in custody of prisoners, and we will check if this can apply to him also.”

De Lima explained that Diokno is a presidential appointee so only Aquino can impose sanctions on him upon recommendation of DOJ. “Heads must roll here. But we have to make sure of the facts first, which will be the basis of our report to the President,” she said.

She believes that Leviste’s application for pardon would suffer following his arrest, adding that his lawyer’s explanation that the convict did not intend to escape is not an issue at all.

Diokno also went to the DOJ yesterday to report on the matter. He said the 71-year-old Leviste is covered by a “living out” privilege for convicted senior citizens provided in a memorandum signed by then President Gloria Macapagal-Arroyo. Under the rules, however, living-out inmates must stay within the 536-hectare prison reservation.

De Lima pointed out that this privilege should be subject to strict guidelines and allowing Leviste to go outside the NBP was a clear violation.

Leviste said he went out of the NBP despite the lack of clearance because he was suffering from a toothache and had to see his dentist.

Privilege under review

De Lima said the incident also warrants a review of the “living out” privilege. For this purpose, she created a separate special panel to review of this rule.

As for Diokno’s alibi that Leviste was already enjoying the status as living-out inmate when he assumed office last year and that he had already warned the convict about it, the DOJ chief was dissatisfied.

“It’s not an excuse to say it’s already there when he assumed office and that he warned them already. He has to implement the rules,” she said.

De Lima admitted she was “so alarmed” by the incident – especially after receiving raw information that the same special treatment is being accorded to Rolito Go, another high-profile inmate in the NBP convicted of killing Eldon Maguan during a traffic altercation in 1991.

“This is just tip of an iceberg. I’ll make sure necessary changes will be in place this time. I’ll be hands on (in supervising BuCor) from now on,” she said.

Diokno said in a radio interview that he heard rumors of Leviste going in and out of jail right after he assumed office five months ago.

“I summoned him to remind him if (he gets) caught, his living out privileges will be cancelled. Leviste told me perhaps it was his twin who was seen (outside NBP), he said.

According to Diokno, he has been implementing reforms for NBP’s 32,000 prisoners since he assumed office. “But what can I do? Nalusutan ako (He got past me),” he said.