Mary Ann Castro seeks reversal of guilty verdict

CEBU, Philippines – Assistant city prosecutor Mary Ann Castro has asked the Supreme Court to reverse its verdict finding her guilty of conduct prejudicial to the best interest of the service.

Through lawyer Joshua Dacumos, Castro filed a motion for reconsideration stressing that riding a Special Weapon and Tactics (SWAT) vehicle does not constitute the crime charged.

“The act for which respondent (Castro) was penalized-calling the assistance of the police-cannot by any stretch of the imagination be considered conduct prejudicial to the best interest of the service,” read the motion.

In 2002, Emily Rose Ko Lim Chao, owner of KD Surplus, filed a case before the Office of the Ombudsman-Visayas against Castro for allegedly excessively displaying her influence by involving the SWAT team when she transacted with Chao’s company.

The Supreme Court found Castro guilty of an administrative case for allegedly tarnishing the image and integrity of her public office and meted six months and one day suspension from the service.

“…we hold that the Ombudsman correctly ruled that the respondent’s acts of seeking the assistance of the Special Weapon and Tactics (SWAT) and in riding on board a SWAT vehicle constitute conduct prejudicial to the best interest of the service,” the decision read.

Chao alleged that Castro, together with her sister-in-law Rosefil, went to their store to return the vehicle purchased by the former’s brother in 2001.

Mariven, the brother of Castro, purchased on credit a Fuso Canter vehicle in their store in 2001. He issued six post-dated checks to KD Surplus.

However, Chao alleged the checks were dishonored by the bank for insufficiency of funds. Mariven then inquired with Chao if it was possible to return the vehicle in exchange for the issued checks.

Chao refused to accept the vehicle because of a defective engine and a rusty and dilapidated body. But Rosefil requested the guard on duty, Mercedito Guiao, to register in the company’s security logbook the entry of the vehicle in the premises.

Guiao refused to register but because of the insistence of Rosefil, he registered the entry of the said vehicle.

On September 16, 2002, Mary Ann returned to KD Surplus, allegedly on board a SWAT vehicle, and borrowed the security’s logbook to photocopy.

Brion ruled calling the SWAT was uncalled for, if Mary Ann’s intention is to ensure the safety of the parties if trouble ensued.

“…respondent’s acts of involving an elite police team like the SWAT in a matter purely personal to her and riding on their vehicle in going to and from the premises of KD Surplus are uncalled for:  these were a haughty and an excessive display of the influence that she could wield, ultimately aimed at helping Mariven and Rosefil to compel Emily to accept the depreciated vehicle, and to return the bum checks issued by Mariven,” the decision reads.

Brion added seeking SWAT’s assistance and by riding on their vehicle “clearly wanted to project an image of power and influence meant to intimidate, bully, and/or browbeat Emily.”

In her motion, Mary Ann questioned the ruling of Brion. She alleged as a citizen she is entitled to police assistance.

“It cannot be presumed that she is abusing her power as prosecutor simply because she invoked the assistance of the police,” she stated adding the fact that none of the responding police officers were impleaded as respondents “is undisputable proof that they did not bully or intimidate private complainant.” — Mylen P. Manto/ATO (FREEMAN)