Former Cebu Mayor Avelino Gungob Sr. cleared of graft

MANILA, Philippines — Former mayor Avelino Gungob Sr. of Consolacion, Cebu has been cleared of the charges filed against him over alleged illegal entry into the properties of several private landowners in 2009.

In a 21-page decision promulgated on Feb. 15 and released yesterday, the Sandiganbayan’s Fifth Division acquitted Gungob of violating Republic Act 3019 or the Anti-Graft and Corrupt Practices Act and grave coercion under Article 286 of the Revised Penal Code.

The Office of the Ombudsman filed the cases in February 2016.

Based on the charge sheets, Gungob, accompanied by six of his aides and two police officers, forcibly entered the properties of spouses Jose and Lourdes Bihag, Teresa Alegado, Susana Cantago and Nelia Alvarez Cano-og, all in Barangay Danlag.

The accused reportedly confiscated the farm tools and threatened to jail the complainants if they continue to till their land.

Graft probers said Gungob and his men also dumped soil on the corn field of the complainants.

The ombudsman said Gungob’s action has no legal basis, noting that a court in Mandaue City dismissed the expropriation and acquisition proceedings iniated by the municipal government against the landowners in connection with the implementation of a mountain highway project.

However, the Sandiganbayan said the conflicting testimonies of the complainants “create reasonable doubt” on the truthfulness of their allegations.

The court also noted that two of the complainants testified that they were not present during the supposed incident.

A local court did not dispute the legality of the road project, it added.

 “As mayor, he was authorized to do acts appropriate under the circumstances to ensure the efficiency of the execution of a legitimate project... In the absence of a clear and convincing evidence to the contrary, the accused had in his favor the presumption of regularity in the performance of official duties,” the Sandiganbayan ruling read.