The Supreme Court has upheld the dismissal of graft charges filed against former Department of Environment and Natural Resources (DENR) Secretary Antonio H. Cerilles and Undersecretary Roseller Dela Peña relating to a dispute over the lease of a foreshore area in General Santos City.

In a 16-page decision penned by Justice Presbitero J. Velasco, Jr., the Court’s Second Division, finding no reason to disturb the factual findings of the Ombudsman, affirmed in toto the August 27, 2002 decision of the Court of Appeals (CA) upholding the Ombudsman memorandum dated August 23, 2001 and the order dated October 30, 2001 in connection with the graft charges filed by petitioner Harry Lim against Cerilles and Dela Peña.  The said memorandum and order effectively dismissed the Lim’s complaints against the former DENR officials for violation of RA 3019, the Anti-Graft and Corrupt Practices Act, and RA 6713, the Code of Conduct and Ethical Standards for Public Officials and Employees. 

Lim’s complaint stemmed from his protest before the DENR seeking to nullify a lease agreement granted to another party over the subject foreshore area.  He alleged that Cerilles had issued a “midnight decision” relative to the case on February 9, 2001 when Cerilles was no longer the DENR secretary.  Lim also alleged that Dela Peña recommended the legal services of his (Dela Peña’s) law partner, Atty. Rogelio Garcia, to handle Lim’s DENR case, in violation of RA 6713.

The Court found no merit in Lim’s argument that the Ombudsman committed “serious reversible error” in dismissing his complaint.  “Petitioner’s complaint was duly reviewed and the Ombudsman, in his discretion, determined that it should be dismissed.  There is no sufficient proof that the reviewing officers exercised their discretion whimsically, arbitrarily, or capriciously,” said the Court.  (GR No. 154992, Lim v. Desierto, February 13, 2008)