IBP clears Castro in disbarment rap

The Integrated Bar of the Philippines has cleared assistant city prosecutor Mary Ann Castro in the disbarment complaint filed by the Yu brothers.

"Respondent did not commit any act for which she should be disciplined or administratively sanctioned therefore his case be dismissed for lack of merit," IBP commissioner Dennis Funa said in his five-page decision.

Funa's decision came after the IBP board of directors passed a resolution on June 25 dismissing the case for lack of merit. "Finding the recommendation fully supported by the evidence on record and the applicable laws and rules, and considering that the case lacks merit, the same is hereby dismissed," the resolution stated.

The complaint stemmed from the July 2004 traffic incident involving Castro and Jake and Nanak Yu who alleged that her car blocked the entrance to their office.

"The lady driver raised her voice becoming arrogant and told me to go slow maybe I do not know who she is," Nanak said in their complaint.

In her defense, Castro said she did not notice the "No Parking" sign when she parked her car that day.

During their verbal clash, Castro claimed one of the complainants pointed a finger at her and said: "I don't give a damn even if you are a fiscal."

Funa found the testimony and evidence of both parties "diametrically opposed to each other as each of them points to the other as the aggressor and instigator."

But since "no other witnesses were presented by both parties to corroborate their claims it cannot be ascertained as to who between the parties berated who," said Funa's decision. It added that even with Castro's alleged harsh words and loss of temper, it still "cannot be deemed as indicative of a lawyer's immorality or fitness to be a lawyer."

Meanwhile, the Office of the Ombudsman-Visayas denied the Yu brothers' motion for reconsideration on its November 5, 2004 decision dismissing the malversation case they filed against Castro. "No new evidence was presented by complainants that could materially affect the finding of this office," the order read. - Liv G. Campo