Castro sues boss for libel, grave misconduct

CEBU, Philippines - Controversial prosecutor Mary Ann Castro yesterday filed criminal and administrative charges against her boss, regional state prosecutor Fernando Gubalane, before the Office of the Ombudsman Visayas over an alleged premature disclosure of her suspension.

Castro, one of the assistant prosecutors in Cebu City, accused Gubalane of libel, grave misconduct and conduct unbecoming of public official.

She said there was “evident bad faith” in Gubalane’s calling of a press conference to announce her three months suspension last May.

According to her, the three months suspension meted against her by the Office of the Ombudsman which Secretary Leila de Lima, through a memorandum in May, ordered to implement was still considered confidential when Gubalane made the announcement because it was still subject of her petition for review before the Court of Appeals.

Castro argued that Gubalane preempted the appellate court’s decision on her petition.

She added “the publication had an intention to injure the reputation of herein offended party because instead of texting or calling herein complainant, respondent opted instead to have it published albeit prematurely.”

Castro cited the Code of Conduct of the Prosecution Service and a circular from the Department of Justice which states that a prosecutor shall keep records and information confidential and sets the guidelines in the release of information to the public, respectively.

Gubalane said he was surprised by Castro’s complaint saying he was just doing his duty to answer queries from the media about her status.

“I was just answering the questions of the media of what the process in the implementation of the suspension order against Castro. It was my official duty to explain the process,” Gubalane said.

Gubalane added that he answered questions from the media in the right time and in the right place as it was done during office hours and inside his office.

Gubalane and Cebu City Prosecutor Nicolas Sellon received in May 3, 2011 the memorandum issued by de Lima implementing the three months suspension of Castro after she was found administratively guilty of misconduct by the anti-graft office because of forum shopping in her annulment case. — (FREEMAN)