Case vs. former town mayor, 7 others to go on

The trial of the criminal case against former Consolacion mayor Avelino Gungob Sr. and seven others before the Sandiganbayan will continue.

The anti-graft court’s Seventh Division denied for lack of merit the motion for leave to file a demurrer of evidence filed by Gungob and his co-respondents, who sought to drop the case against him for lack of proof.

“Since the arguments raised by accused are matters of defense and appear to be evidentiary in nature, the accused need to adduce substantial and credible proof, ” the Sandiganbayan said.

The Office of the Ombudsman indicted Gungob Sr. and seven job-order employees of the municipality for the allegedly illegal mining of limestone in Barangays Garing and Danlag in 2009.

The other respondents are Leonardo Capao, Juanito Gerundio, Nicarter Yray, Joebeboy Dayon, Beda Comeso and Dionito Mangilaya, and Glecerio Galo, who were operators of heavy equipment.

The anti-graft office charged in court Gungob and his co-accused with theft of minerals, which is a violation of Republic Act No. 7942 or the Philippine Mining Act of 1995.

The National Bureau of Investigation (NBI) 7 filed criminal and administrative complaints against Gungob and other respondents before the Ombudsman-Visayas following an operation that led to the recovery of allegedly stolen minerals and the confiscation of heavy equipment in November 2009.

Authorities arrested six people who were caught in the act of hauling minerals without a permit from the Cebu Provincial Environment and Natural Resources Office.

Gungob was impleaded when the six respondents issued an affidavit saying he had instructed them to extract, haul and deliver the materials from one project site to another in Barangay Garing and Danlag.

Seized during their arrest were three 10-wheeler dump trucks, a backhoe and a bulldozer, all owned by Consolacion town.

An investigation also showed that policemen apprehended three municipal dump trucks driven by Gerundio, Comeso and Mangilaya loaded with limestone. On the other hand, Yray, Capao and Dayon were caught in the act of quarrying the minerals without a permit.

Section 43 of the Philippine Mining Act of 1995 requires a quarry permit before extraction of minerals can be done. Those found guilty of theft of minerals will be meted an imprisonment from six months to six years or a fine from P10,000 to P20,000, or both upon the court’s discretion.

In their pleading, the respondents argued the case ought to be dismissed since the prosecution found no evidence that would warrant their conviction. /GMD S