Petition of environmental lawyers on Balili deal junked

CEBU, Philippines - The Supreme Court has dismissed a petition for certiorari filed by lawyers Gloria Estenzo-Ramos and Benjamin Cabrido against the Office of the Ombudsman, Governor Gwendolyn Garcia and some members of the Provincial Board in relation documents in the controversial Balili land deal that were not released to the two lawyers.

The petition was filed sometime last May and the Court en banc issued a resolution dated May 31, 2011 dismissing the petition.

“The Court resolved to dismiss the petition for failure to provide a complete statement of material dates and for failure to sufficiently show that any grave abuse of discretion was committed by the Office of the Ombudsman in rendering the challenged decision which, on the contrary, appears to be in accord with facts and applicable law and jurisprudence,” reads the SC notice signed by Clerk of Court Enriqueta Vidal.

Commenting on the resolution, Garcia’s counsel, Christina Frasco said that the dismissal simply shows that the petition that they filed is utterly lacking in merit.

Being a lawyer, Frasco said it was surprising how fast the Supreme Court resolved the issue.

“Nagpaklaro lang nga perhaps it was that easy to dismiss a petition that is lacking in factual and legal basis,” Frasco said.

Frasco warned Ramos and Cabrido about the consequences for filing frivolous, harassing, and baseless charges.

“You will see in the coming days kung unsa’y mga legal consequences na atubangon niining mga tawhana who have the propensity to file whatever case they want without even considering the factual and legal basis or the absent thereof,” Frasco told reporters.

Ramos and Cabrido elevated the case to the Supreme Court after the Office of the Ombudsman their petition. The two environmental lawyers alleged that public documents on the Balili land deal were not released to them.

In filing the petition, they said their petition for certiorari was one of the few cases where a citizen’s use of the Anti-Red Tape Act (ARTA) or 2007 would be tested.

They asked the court to declare “void and unconstitutional” the Ombudsman’s decision to dismiss an administrative complaint filed in 2009 against Garcia and members of the Provincial Board over access to the Balili property papers. Other respondents in the complaint are Board Members Julian Daan, Wilfredo Caminero, Peter John Calderon, Caesar Ian Geronimo Zambo, and Joven Mondido, Jr.

The environment lawyers invoked Republic Act 9485 or the Anti-Red Tape Act which says applications or requests to government offices must be responded to in five days for simple transactions and 10 days for complex transactions.

They wrote to the governor and the PB in July 2, 2009, asking for copies of the Memorandum of Agreement between the Korean Electric Company and the Province of Cebu about its plan to host an ash disposal facility in the Balili property, as well as the Deed of Sale, and Statements of Income and Expenditures of the Province for the past three years.

A second letter was sent July 31. Both letters warned that violating the ARTA could mean sanction of 30 days suspension for the first offense and 3 months suspension for the second offense. They said there was no reply to both letters. After that, the lawyers filed a case with the Office of the Ombudsman-Visayas.

Ombudsman Gutierrez on April 25, 2011 dismissed the complaint, four days before handing her resignation to President Benigno Aquino III. — (FREEMAN)