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News (Media Awareness Project) - Philippines: Lost Case
Title:Philippines: Lost Case
Published On:2002-02-13
Source:Cebu Daily News (Philippines)
Fetched On:2008-01-24 21:14:31
LOST CASE

Castro Denies Asking For Money, Admits Prosecution 'Losing Case'

Assistant City Prosecutor Mary Ann Castro has finally submitted a sworn
letter to the Visayas Ombudsman, denying she solicited money from lawyers
in the Triad drug case.

Castro made the official denial almost three weeks after admitting she had
received P10,000 from lawyer Gines Abellana.

In her two-page letter to Ombudsman Director Virginia Santiago, Castro
lashed out at defense counsel Pedro Leslie Salva and Abellana.

"Our opponents glare in hate and hurled us vindictives (sic) if only to
have us out of their way," she wrote.

"But eventually, they, the wicked disappeared and their hopes are gone
hopefully forever," Castro said.

She sounded pessimistic about the prosecution's chances, however,
describing the Triad case as a "losing case."

Salva had earlier accused Castro of soliciting P150,000 from his clients in
exchange for mishandling the prosecution of the drug case.

"For the record, I never demanded! Neither did I receive any consideration
from lawyer Leslie Peter Salva!" Castro said.

"I will never, ever sell the interest of the people of the Philippines,"
she said.

Castro's letter did not, however, fully discuss her previous allegations
that Salva offered her and the other prosecutors money to soften their
stand on the defense's motion to bail.

The motion was eventually denied by Judge Fortunato de Gracia.

Her letter was also lacking for details as to how the P10,000 was given to
her by Abellana.

"As regards the amount of Php 10,000 which was left by Atty. Gines Abellana
in my office, my previous statements that appeared in the newspapers still
stand, except those in which I might have been misquoted or misinterpreted
without my knowledge, " Castro wrote, in what was the only reference to the
alleged bribery.

"The amount is now kept in the office cabinet for evidentiary purposes."

Castro, along with Assistant Prosecutors Tolomeo Dinoy and William Canta
are prosecuting the shabu possession case against brothers Giovanni and
Jovan Gimenez and driver Victor Ceniza, alleged couriers of the Hong Kong
triad.

"The smell of bribe money is hounding the Triad case. If I have been
remissed (sic) in my duty as prosecutor, then as early as the inception of
the trial of the case, I must have wavered. What with all the
discouragements (sic) I received because ours is a losing case!" Castro's
letter read.

But instead of wavering, she said she "continued the fight" and obtained a
denial of the motion for bail filed by Salva.

To her letter to the Ombudsman, Castro attached a copy of the resolution of
RTC Judge Gracia denying the motion for bail filed by the defense.

No Interest

Lawyer Abellana, an IBP officer, has vehemently denied attempting to bribe
Castro, saying he had no interest in the case.

Canta has also executed a sworn affidavit, which he submitted to the
Visayas Ombudsman.

He said that a day or two before Christmas last year, Castro informed him
that Salva had offered money for her and the prosecution panel for them to
"soften our stand in the prosecution of the case particularly in the
hearing on the motion to bail filed by the defense."

He said he told Castro in the same telephone conversation that they should
not entertain the offer of Salva because it was "patently very wrong and
illegal."

"ACP Castro shared the same position that I had that we should not accept
the said offer of Atty. Salva," Canta's affidavit read.

Canta vehemently denied accusations that he had asked money from Salva.

"My honor and integrity as a public officer has been put into doubt because
of this malicious allegations made by Atty. Salva upon my person and I
intend to take the appropriate legal action to clear my name," he said.

Ombudsman Prosecutor Estela Alma Singco, assigned to conduct the
fact-finding inquiry of the case told reporters that she has asked Acting
Cebu City Prosecutor Jose Pedrosa to furnish the office copy of the letter
of Abellana.

"We will look for other ways to ascertain certain facts related to the
incident and I will evaluate this," she said.

Meanwhile, the* three-panel members of the Integrated Bar of the
Philippines (IBP) special committee on inquiry yesterday met and drew the
ground rules of their inquiry into the reported bribery case.

The board composed of IBP-CC president Arturo Fernan as chairman, with Mel
Libre and Agueda Monteclar as members, has agreed to write all parties
involved giving them five days within which to submit a sworn statement.

If the need arises, Fernan said they will also invite those who have
submitted statements to the committee to attend an "inquiry conference".

Special Body

The special committee will then collate the statements and submit a report
to the 15th board of officers, who in turn will decide on whether or not
the report will be endorsed to the National agency.

Fernan admitted that the committee has no authority to sanction those who
will not heed their letter-request.

"We have no coercive power," he said.

Among those who will be invited is dySS radio commentator Lloyd Suarez, who
first made public the issue involving the P10, 000 allegedly given by
Abellana to Castro.
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