The Court of Appeals (CA) has affirmed the conviction and prison sentence of former Batangas Gov. Jose Antonio Leviste for shooting to death his long-time aide Rafael delas Alas in 2007.

Charged with murder, the 70-year-old Leviste was convicted by the Makati City Regional Trial Court (RTC) for a lesser crime of homicide and sentenced to a jail term of six to 12 years.

However, the CA reduced from P100,000 to P50,000 the amount of damages Leviste must pay to the heirs of Delas Alas.

In a 30-page decision penned by Associate Juan Q. Enriquez Jr. and concurred in by Associate Justices Ramon M. Bato Jr. and Floreito S. Macalino, the CA’s Seventh Division threw out the self-defense claim of Leviste.

The CA said it was not convinced by Leviste’s allegation that it was Delas Alas who first assaulted him with a gun.

“For all the foregoing, we find accused-appellant’s plea of self-defense unworthy of credence, being uncorroborated by independent and competent evidence, or being extremely doubtful by itself,” it said.

The appellate court also held that it found “no reversible error on the part of the trial court in rejecting the claim of self-defense.”

Pending appeal, Leviste applied for bail in the CA, citing his advanced age and health condition. He also claimed he was not a flight risk.

In April last year, the CA denied his bail petition for “failing 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.” Leviste questioned the CA ruling on his bail petition before the Supreme Court (SC).

But last March, the High Court dismissed Leviste’s petition, holding that after conviction by the trial court, the presumption of innocence terminates and, accordingly, the constitutional right to bail ends.

In a decision penned by then Associate Justice and now Chief Justice Renato C. Corona, the SC ruled that the grant of bail is subject to judicial discretion which must be exercised with grave caution and only for strong reasons.