Former Mayor Avelino Gungob Sr. and seven job order employees of Consolacion, Cebu are in trouble after the Office of the Ombudsman found enough ground to indict them for quarrying without permit in November 2009.
Gungob Sr., Glecerio Galo, Leonardo Capao, Joeboy Dayon, Juanito Gerundio, Beda Comeso, Nicarter Yray and Dionito Mangilaya are facing the charge of theft of minerals under the Philippine Mining Act of 1995 or Republic Act No. 7942, which requires a quarry permit before extraction of minerals is conducted.
“Good faith in ordering the extraction of limestone for the purpose of completing municipal projects cannot absolve [Gungob, Sr.] of any criminal liability under the special law,” the Ombudsman said in its joint resolution.
Cebu City police nabbed three municipal dump trucks loaded with limestone or diorite and driven by Gerundio, Comeso and Mangilaya, while Yray, Capao and Dayon were caught in the act of quarrying the minerals without permit, the office said.
It was found upon investigation that they were following the instructions of Galo, who was allegedly acting upon orders of Gungob Sr. to quarry and transport the minerals.