Former Consolacion town mayor, 7 others face illegal mining charges

Former Mayor Avelino Gungob Sr. of Consolacion town, Cebu and seven others are facing trial on accusations of illegal mining of limestone in 2009.

Aside from Gungob, the Omdudsman also found probable cause to indict job order employees Glecerio Galo, Leonardo Capao, Joeboy Dayon, Juanito Gerundio, Beda Comeso, Nicarter Yray and Dionito Mangilaya.

They were charged with violating Republic Act 7942 or the Philippine Mining Act of 1995.

In addition to the criminal case, Gungob was also found administratively guilty of simple misconduct and was meted the penalty of suspension without pay for three months with accessory penalties.

This means, Gungob is prohibited from holding any position in government.

Members of the Cebu City Police apprehended three municipal dump trucks driven by Gerundio, Comeso and Mangilaya loaded with limestone or diorite while Yray, Capao and Dayon were caught in the act of quarrying the minerals without permit.

Upon investigation, it was discovered that the six job order employees were just following the instructions of Galo who, in turn, acted upon Gungob, Sr.’s order to quarry and transport the minerals.

The anti-graft office said the law specifically requires a quarry permit before extraction of minerals can be done.

The indictment of Gungob and the other respondents were posted on the website of the Ombudsman yesterday.

The joint resolution of the anti-graft office stated that “good faith in ordering the extraction of limestone for the purpose of completing municipal projects cannot absolve the former mayor of any criminal liability under the special law.”