Castro drops cases vs. ‘boss’

Monday, January 23, 2012

SAYING the issue stemmed from a mere “misunderstanding,” Cebu City Assistant Prosecutor Mary Ann Castro dropped the criminal and administrative charges she filed against her boss, Regional State Prosecutor Fernando Gubalane, before the Office of the Ombudsman Visayas five months ago.

Castro, in an interview, said she decided to withdraw the libel, grave misconduct and conduct unbecoming of public official charges filed against Gubalane on Aug. 24, 2011.

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Castro sued Gubalane before the anti-graft office for allegedly maligning her when the latter announced her suspension last year.

“I respect him, being my boss,” Castro said of her decision to desist from pursuing her complaints against Gubalane.

Castro said she is finalizing her motion to withdraw to be submitted to the ombudsman.

Gubalane, in a separate interview, welcomed Castro’s decision in withdrawing the case, but refused to further comment on the issue.

Reckless disregard

In suing Gubalane, Prosecutor Castro said her boss’s move in announcing to media her suspension constituted “reckless disregard of my good reputation.”

Gubalane denied the allegations, saying he merely answered queries of media seeking clarification on the process of the suspension order on the prosecutor.

“I’m sure I was not the one calling the media. They were the ones asking me about the implementation (of the suspension order),” Gubalane said.

Gubalane clarified he has nothing against Castro and that he was merely doing his mandated task when asked about the implementation of an order issued by the justice department.

In an interview with court reporters on May 3, Gubalane confirmed he received a directive from Justice Secretary Leila de Lima relative to the suspension of Castro for three months without pay for misconduct.

Castro served her three-month suspension until the first week of August 2011.

On leave

In the complaint, Castro said she was on leave of absence on May 3 to 4 when a television reporter called her and asked for her comment relative to the “press conference” of Gubalane about her suspension.

Castro said some of her friends called her to inform that Gubalane was allegedly giving press conference about her suspension. The announcement, she said, saw print in the local dailies the following day.

Castro said announcing to the media her suspension was made in “evident bad faith” because she has filed a petition for review, which is pending with the Court of Appeals.

The Ombudsman Visayas has affirmed its 2006 decision suspending Castro after she was found administratively guilty of misconduct.

Vicente Roble Jr., graft investigation and prosecution officer, denied with finality the motion for reconsideration Castro filed, which sought to reverse the ombudsman’s decision suspending her for three months for violating a High Court rule on “non-forum shopping.”

Castro sought the reconsideration of what she called a “harsh, whimsical and arbitrary” order, but Roble ruled there was no sound reason for the ombudsman to disturb the decision.