Ex-mayor, workers continue fight vs. graft case

Former Consolacion mayor Avelino Gungob Sr. can present additional evidence in his bid to convince the Sandiganbayan to junk the graft charges against him and seven others.

The anti-graft court’s Seventh Division granted the defense’s motion for leave of court to allow presentation of additional documentary evidence on Sept. 24, 2018.

Gungob intends to present, among others, his request for a legal opinion dated April 11, 2018 and the legal opinion of the Environmental Management Bureau of the Department of Environment and Natural Resources dated April 20, 2018.

“The court is aware that its judicial discretion cannot be arbitrarily or unreasonably denied because to do so may bar access to relevant evidence that may be used by the accused, hence, impair his fundamental right to due process,” reads the Sandiganbayan’s ruling penned by Associate Justice Ma. Theresa Dolores Gomez-Estoesta.

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

“Since the arguments raised by accused are matters of defense and appear to be evidentiary in nature, 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 Consolacion 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 acted as the heavy equipment operators.

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 alleged stolen minerals and the confiscation of heavy equipment sets in November 2009.

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

In the motion, the defense asked the Sandiganbayan to allow the accused to “fully exhaust the presentation of his defense as it is his freedom that stands to be taken away from him.”

Gungob admitted having a hard time getting the legal opinion of the DENR considering the fact that the incumbent mayor is his political opponent.

In the ruling, the Sandiganbayan ruled to allow Gungob to present more evidence even if these are not identified and marked during the pretrial conference.

The decision came after it found “substantial reason, one that affords a legal excuse.”

“The threat to his liberty is a hovering fear,” the anti-graft court added. /