CA clears Castro of admin raps

CEBU, Philippines - The Court of Appeals 19th division has reversed the ruling of the Office of the Ombudsman-Visayas finding public prosecutor Mary Ann Castro guilty of grave misconduct.

Associate Justice Pamela Ann Abella-Maxino said there was no evidence to hold Castro liable administratively.

"In fine, there is no substantial evidence to hold Castro liable for misconduct in office, thus, the dismissal of the administrative aspect of the complaint is called for, and, we have to reverse the Ombudsman's findings. Consequently, petitioner Castro shall then be considered as having been under preventive suspension for three months and shall be paid the salary and other emoluments that she did not receive by reason of her suspension," the decision reads.

Castro filed a petition for review before the CA, alleging that the complaint filed against her was completely unrelated to the performance of her public duties and functions, thus, the decision of the anti-graft office was "illegal and invalid."

She also said that the administrative charge filed against her should have been dismissed or at least suspended pending the result of the investigation of the criminal aspect of the case.

Contrary to the Ombudsman's ruling, Castro said there was no forum shopping because the first petition for declaration of nullity of marriage she filed before Regional Trial Court in Mandaue City against her husband, Rocky Rommel Roa, was based on the ground of psychological incapacity while the case in RTC Barili was anchored on allegations of fraud. The two petitions, she said were not "identical."

Maxino found Castro's petition meritorious.

"The administrative proceedings should have been suspended or deferred until after the rendition of final judgment in the criminal case. The act of the Ombudsman in proceeding with the administrative aspect of the complaint resolving the administrative case of grave misconduct is unjustified," she ruled.

"Certainly, the decision and order of the Ombudsman with respect to the administrative aspect of the case, which were issued before the final outcome of the criminal case for perjury, are invalid," Maxino added.

Maxino likewise ruled that Castro did not commit forum shopping. To support, the Municipal Trial Court in Barili acquitted Castro for perjury.

The case stemmed from a complaint for alleged forum shopping in Castro's annulment case against her husband. — (FREEMAN)