MANILA - Former Consolacion, Cebu Mayor Avelino Gungob, Sr. was found guilty by the Sandiganbayan 7th Division of mineral theft for the unlawful extraction of 3 truckloads or 30 cubic meters of limestone and diorite in 2009.

In a decision promulgated on August 11, 2019, the anti-graft court ordered Gungob, Sr. to pay the maximum amount of P20,000 for violation of the Philippine Mining Act of 1995.

The court noted that the penalty for theft of minerals is imprisonment of 6 months to 6 years or a fine of P10,000 to P20,000, or both.

“In view of the fair market value of limestones in 2009, which was pegged at P200 per cubic meters or a total of P6,000 for all 30 cubic meters of limestones seized, the court deems that a fine of the maximum amount of P20,000 upon accused Gungob is proper,” the court said in the decision penned by Associate Justice Zaldy Trespeses, with the concurrence of Division Chairperson Ma. Theresa Dolores Gomez-Estoesta and Associate Justice Georgina Hidalgo.

Gungob, Sr. had argued during trial that they only excavated and hauled “earth materials” for a road project but the court stressed that documentary evidence of the prosecution from the Cebu provincial treasurer stated that “limestone minerals” were extracted.

The court emphasized that according to the law, minerals are owned by the state and added that Gungob, Sr. was not able to secure an extraction permit from the Office of the Governor.

The former mayor’s co-accused who worked in the process of extraction and hauling of minerals, Glicerio Galo, Leonardo Capao, Jr., Juanito Gerundio, Jr., Beda Comiso, Nicarter Yray and Dionito Mangilaya were acquitted.

The court said the workers cannot be regarded to be in conspiracy with Gungob, Sr. as they were not personally associated with, nor privy to the official affairs of the mayor in obtaining a permit for the mineral extraction.

“This Court thus resolves to exonerate the accused job order employees and their supervisor from the charge in the absence of any evidence that they were in conspiracy with accused Gungob to commit the offense,” the court said.