Ex-Cebu town mayor convicted of theft, fined P20,000

CEBU, Philippines — Former mayor Avelino Gungob Sr. of Consolacion, Cebu has been convicted for stealing three truckloads of limestone from a quarry in 2009.

In a resolution dated Aug. 16 and released yesterday, the Sandiganbayan’s Seventh Division said Gungob was found guilty of theft of minerals under Section 103 of Republic Act 7942 or the Mining Act. The violation is punishable with imprisonment of six months to six years or a fine of P10,000 to P20,000 or both, depending on the discretion of the court.

The anti-graft court ordered Gungob to pay a fine of P20,000, noting that the market value of the limestone was only P6,000.

The court said the case against Gungob’s co-accused –  job order employees Glicerio Galo, Leonardo Capao Jr., Juanito Gerundio Jr., Beda Comiso, Nicarter Yray and Dionito Mangilaya –  was dismissed as the prosecution failed to prove that they conspired with the former mayor.

The case filed against another employee Joeboy Dayon, who remains at large,  was archived.

The Office of the Ombudsman said the limestone was hauled from a quarry in Barangay Garing without an extraction permit from the Cebu provincial government.

The Sandiganbayan found no merit in Gungob’s argument that the prosecution failed to prove that the quarry belonged to the government.

The court noted that Sections 2 and 4 of RA 7942 are “crystal clear” that mineral resources in public and private lands within the territory and exclusive economic zone of the Philippines are owned by the state.

It also cited Gungob’s ”numerous” requests to Cebu Gov. Gwendolyn Garcia for the issuance of an extraction permit, which were not acted upon. 

Gungob had claimed the minerals were excavated from an ongoing road project and were supposed to be delivered as filling materials for a transport terminal and a government center that the municipal government was building.