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Thursday, November 17, 2005
Judge overturns contempt ruling against Castro
CEBU CITY Assistant Prosecutor Mary Ann Castro triumphed anew as an RTC judge overturned an MTCC judge’s order citing the prosecutor for indirect contempt for filching a photograph from court records.
“No evidence was presented to prove that the court sustained any damage resulting from Castro’s indiscretion,” Gako ruled.
Regional Trial Court (RTC) Branch 5 Judge Ireneo Gako agreed with Castro’s contention that the P5,000 fine imposed against her was “too harsh and oppressive.”
Municipal Trial Court in Cities (MTCC) Judge Rosabella Tormis cited the prosecutor in contempt after Castro took a businessman’s picture from the court records without permission.
Castro admitted to the offense but said she only meant to borrow the photo of Jake Yu, the businessman she has been trading lawsuits with. She returned the photo an hour after taking it.
credence
Gako gave Castro credence for returning the picture within a short span of time and even apologizing to Tormis.
The RTC judge also ruled that Castro, who is now detailed at the Bureau of Immigration, has paid her due by the public humiliation she suffered from the incident.
“The incident in question was published in the front page of the newspaper the following day and also aired over several radio stations, including the order of the court declaring Castro guilty of indirect contempt,” Gako’s ruling read.
But he sided with Tormis regarding Castro’s claim that she was not given her due in court to air her side.
Gako ruled that when Tormis ordered Castro to submit a show-cause report, she was already given an opportunity to air her side. (JGA)
(November 17, 2005 issue)
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