CEBU, Philippines - Assistant City Prosecutor Mary Ann Castro filed an urgent motion for reconsideration with motion for inhibition in the Office of the Ombudsman Visayas yesterday, questioning the three-month suspension imposed on her by the anti-graft office for simple misconduct.
Castro cited three grounds in endorsing her motion to the Ombudsman.
First, she said the order dated December 18, 2006 does have the signatures of Deputy Ombudsman for the Visayas and the Honorable Ombudsman herself.
“The Honorable Mark Jalandoni who recently resigned as Deputy Ombudsman for Luzon has no authority under the law to sign on behalf of the Honorable Ombudsman. Not even an inter-office memorandum can give him authority to sign simply because it requires a law to do so,” Castro explained.
Castro added “in fact there was a complaint for usurpation of authority or abuse of power filed in Quezon City against Jalandoni because of this matter.”
With this, she stressed the order is invalid, ineffectual and unlawful.
She said if there will be co-equal to the Ombudsman it should be Over all Deputy Ombudsman Orlando Casimiro and not Jalandoni.
Castro added it should be the signature of Casimiro who will appear in the order for obtaining authority from Congress and not just any inter-office memorandum.
Second, she said there was already a court ruling in the case filed against her before the Municipal Trial Court in Barili that she has not committed perjury or any dishonesty.
Lastly, Castro said her marriage was declared null and void since January 26, 2004 and any matter concerning his marriage will be declared moot and academic.
Meanwhile, Regional State Prosecutor (RSP) Fernando Gubalane confirmed that the order of the Office of the Ombudsman Visayas placing Castro under three months suspension is already final.
Gubalane said they received the order of Castro last month and it is now under review by the Department of Justice (DOJ) Manila.
He added they are now waiting for the order of the DOJ central office for the implementation of the suspension.
Gubalane said either he or City Prosecutor Nicolas Sellon will serve the order on Castro that will possibly take place next month.
The Ombudsman has suspended Castro for three months after she was found guilty of simple misconduct in an administrative case.
Castro was earlier charged before the Office of the Ombudsman for forum shopping in her annulment case against her husband Rocky Rommel Roa.
She filed a motion for reconsideration for the decision which was approved by Deputy Ombudsman for Luzon Mark Jalandoni. According to her, the complaint filed against her has no relation at all to the performance of her function as Assistant City Prosecutor.
Castro added the case for misconduct was filed in connection with perjury case “knowingly making untruthful statement under oath” in the verification and certification against forum shopping in her petition for annulment of marriage in Barili.
However, Graft Investigator Vicente Roble, Jr. said the allegation of Castro that she is twice placed in jeopardy has no basis.(FREEMAN NEWS)