Leviste vs.

Alameda
G.R. No. 182677
August 3, 2010
Facts:

Jose Antonio C. Leviste was charged with homicide for the death of Rafael de las
Alas in an information dated January 16, 2007. The heirs of De las Alas filed an Urgent
Omnibus Motion asking for the proceedings to be postponed so the public prosecutor
may review the evidence already submitted or launch a reinvestigation to determine the
proper charge. Following that, the RTC issued the Order granting the complainants'
motion, enabling the prosecution to reopen its investigation. Later, the trial court issued
the other decision that authorized the issuance of an arrest warrant and directed the
admission of the Amended Information for murder. Before the appellate court, the
petitioner contested these two orders. The petitioner declined to enter a plea after being
arraigned. He submitted a "not guilty" plea on his behalf before the trial court. Prior to
this, the petitioner submitted an Urgent Application for Admission to Bail Ex Abundanti
Cautela, which the trial court approved because there was insufficient proof of the
petitioner's guilt for the murder. The petitioner was then tried by the trial court using the
Amended Information. The trial court subsequently declared the petitioner guilty.
Petitioner appealed the trial court's judgment to the CA, which the appellate court
upheld the court’s judgment. The motion for reconsideration from the petitioner was
turned down.