Ombuds clears Castro of falsification charges

The Office of the Ombudsman-Visayas cleared assistant city prosecutor Mary Ann Castro of perjury/falsification of public document and grave misconduct charges filed by Nanak Yu.

Yu alleged that Castro used "perjurious statements and false narration facts" in the Personal Data Sheet she submitted as support document for the malicious mischief case she filed against Yu and his brother Jake.

Yu said Castro executed her PDS dated September 27, 1999, and alleged that she used "308-F Visitacion St., Jones Ave., Cebu City" as her address while in her petition dated June 2, 2000 for Declaration of Nullity of her marriage, she used a different address: c/o Noemi's Beauty Care, Plaridel Street, Mandaue City.

Then on November 15, 2002, Castro executed another PDS and stated "annulled" in her civil status, which was questioned by Yu, who said her marriage at that time "was still very much subsisting."

Graft investigator Euphemia Bacalso said "it is not impossible for a person having two residences as in her case" and that "there was nothing irregular or amiss in such situation or does the law prescribe the same."

Bacalso added that the complainant could not present a certified true copy of the questioned PDS, which was allegedly executed by Castro on September 27, 1999. Not even the City Prosecutor's Office and the Department of Justice have a copy of the document.

"Taking into account the nature of the crime charged, the determination of the presence or absence of the essential elements does, in all likelihood, fail," Bacalso said.

Bacalso added the "annulled" entry was "absolutely false," saying that Castro's marriage at that time was already declared as such, "though not final," by the lower court. - Liv G. Campo