The Supreme Court of the Philippines has affirmed the administrative liability of former Consolacion, Cebu Mayor Avelino J. Gungob Sr., finding him guilty of simple misconduct for authorizing limestone extraction and transport without the necessary permits.
Court Reverses Acquittal, Upholds Ombudsman's Ruling
In a decision promulgated on August 13, 2025, and published on the SC website on December 21, the High Court granted the petition filed by the National Bureau of Investigation (NBI) Region 7. It reinstated the penalty originally imposed by the Office of the Ombudsman, which the Court of Appeals (CA) had overturned.
The Supreme Court firmly rejected the CA's position that Gungob should be absolved due to his good faith. The CA had reasoned that the former mayor authorized the activity to implement bona fide municipal projects and that permit renewal requests were pending.
"Good faith is not anathema to a finding of liability for simple misconduct," the Supreme Court stated, emphasizing that unlawful behavior by a public officer constitutes an offense even without corrupt intent.
The 2009 Quarrying Incident and Legal Proceedings
The case originated from a November 2009 checkpoint in Consolacion, where authorities intercepted three dump trucks loaded with limestone, along with a backhoe and a bulldozer. The vehicles and equipment, owned by the local government, were transporting quarry materials without valid permits.
This led the NBI to file a complaint against Gungob and several municipal job order employees for alleged violation of the Philippine Mining Act of 1995 (Republic Act 7942). The Ombudsman found probable cause for criminal and administrative charges.
Gungob was meted a penalty of three months suspension without pay for simple misconduct. As he was no longer in office, this penalty is convertible to a fine. Gungob served as mayor from 2001 to 2010.
Supreme Court Clarifies Legal Points on Timing and Liability
The Supreme Court corrected two key errors from the CA's decision. First, it ruled that the NBI's filing was timely, as the counting of days should start from the receipt by the Office of the Solicitor General (OSG), not the NBI itself.
More significantly, the Court clarified the nature of administrative liability. It underscored that directing the extraction and hauling of minerals without a permit is a violation of law and qualifies as misconduct, regardless of the project's public nature or the absence of malice.
"The plain unlawful behavior of a public officer—even if not motivated by bad faith, malice or a corrupt consideration—already gives rise to the administrative offense of simple misconduct," a portion of the SC decision read.
Separate Graft Case Previously Dismissed
In a related but separate legal matter, the Sandiganbayan's Fifth Division acquitted Gungob and six other town officials in 2024. That graft case involved the allegedly overpriced purchase of organic fertilizer in 2005. The anti-graft court dismissed the charges due to the prosecution's failure to prove guilt beyond reasonable doubt, citing a lack of documentary evidence.
The Supreme Court's recent ruling, however, solidifies the administrative accountability of the former local chief executive for the unauthorized quarry operations over a decade ago.
