MANILA, Philippines -- The Court of Appeals has affirmed the lower court's dismissal of an estafa case against Philippine Chamber of Commerce and Industry president Donald Dee.

In a decision penned by Associate Justice Arcangelita Romilla-Lontok, the court’s 8th division said the appeal filed by Jose E.B. Antonio of Sacobia Hills Development Corporation and Century Properties Inc. was a matter already decided on by the appellate court in 2005.

Dee, then chairman of the board of Sacobia, together with Jaime Koa, then Sacobia's president, was slapped with an estafa case before the Makati Prosecutors Office for making P7.3 million and P114.9 million advances. The amount was part of the P758-million fund, generated from the sale of shares of its affiliate company True North Club, which would be used for the construction of a golf course.

The case was filed with the Makati Court. But the information was withdrawn when the Department of Justice granted Dee's petition for review.

Antonio took the case to the appeals court but in 2005, the CA ordered that the petition be expunged from the records having been filed beyond the reglementary period. The Court said Antonio cannot use as excuse the heavy work load.

"The dismissal of the petition (in 2005) on the ground of heavy work load is not sufficient reason to deviate from the 60-day period within which to file the petition for certiorari is a ruling on the merits (of the case)," the appeals court said.

Antonio filed a motion for reconsideration with the DoJ which was also dismissed. He again went to the appeals court for an appeal.

In its most recent ruling, the appeals court said the dismissal of the case already attained its finality.

The Court explained that they have also dismissed Antonio's previous appeal.

Concurring in the ruling were Associate Justices Josefina Guevarra-Salonga and Romeo Barza.