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Wednesday, August 24, 2005
IBP bars Castro disbarment
“Vindicated” was how Assistant Cebu City Prosecutor Mary Ann Castro felt, with the dismissal of two more cases against her before the anti-graft office and the Integrated Bar of the Philippines (IBP) Commission on Bar Discipline.
Both cases stemmed from her traffic argument with the Yu brothers in July 2004.
The Office of the Ombudsman-Visayas dismissed the administrative and criminal cases Nanak Yu filed against Castro for malversation of public property.
The IBP in Manila, on the other hand, threw out the disbarment case filed by Nanak and his brother Jake.
Graft Investigator Jane Aguilar affirmed her earlier resolution finding insufficient the evidence for the administrative case. There is also no probable cause to support the criminal case, said Aguilar.
Unofficial
Yu alleged that Castro used government supplies in the Office of the Talisay City Prosecutor for her personal consumption.
Castro “used official envelopes and bond paper” of the Talisay City Prose-cutor’s Office, where she used to be officer-in-charge, in filing manifestations for the “unofficial case” she filed against the brothers.
However, there was no evidence to support it and the motion for reconsideration that Yu filed did not offer new information to overturn the first resolution, the order read.
“The complainant must support his case with strong and convincing evidence and not rely merely on the weakness of the evidence of the respondent,” stated Aguilar in her order dated July 20.
Director Edgar Canton and Deputy Ombudsman Primo Miro approved the order.
On the disbarment case, the IBP board of governors found that the sworn affidavits of both parties were self-serving and were “directly opposed to each other.” But no witnesses were used to corroborate any of the claims.
Road rage
The IBP dismissed it, for lack of merit.
The legal war stemmed from a traffic argument when Castro parked her car in a “no parking” area, which got the ire of the Yu brothers whose vehicle was blocked.
Castro and the Yu brothers argued, after the government official claimed that the brothers damaged her car.
Two hours later, Castro brought at least six policemen to investigate the case, but according to the Yus, the cops were only there to intimidate them into paying for the damage on Castro’s car.
The Yus invoked several cases filed against Castro before the anti-graft office to support their call for disbarment.
These included conduct unbecoming a public official, misconduct, perjury, immorality (recently dismissed) and bribery.
But the IBP report and recommendation, penned by Commissioner Dennis Funa, said Castro “did not commit any act for which she should be disciplined or administratively sanctioned.”
“The wheels of justice are finally grinding in my favor,” said Castro when asked for a reaction.
The Sandiganbayan had slapped her with a suspension order last April, and she was fined P5,000 last Monday.
Feeling justice on her side this time, Castro is thinking of filing a damage suit against the Yu brothers and several other cases against Yu’s lawyers, Hector and Vicente Fernandez.
But lawyer Vicente Fernandez is not worried about the damage suit, saying that it’s the prosecutor’s right to file such a case. (JGA)
(August 24, 2005 issue)
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