The Supreme Court of the Philippines has overturned a Court of Appeals ruling and found former Consolacion mayor Avelino J. Gungob Sr. administratively liable for simple misconduct. The case centers on his authorization of limestone extraction and hauling without the required permits.
From Checkpoint to Court: The 2009 Incident
The legal saga began in November 2009 at a checkpoint in Consolacion, Cebu. Authorities intercepted three dump trucks owned by the municipal government, all loaded with limestone. A backhoe and a bulldozer, also municipal property, were seized as they were being used in the operation. The critical issue was the absence of valid permits for the quarrying activity.
Following the seizure, the National Bureau of Investigation (NBI) Region 7 filed complaints against Gungob and several job order employees for alleged theft of minerals under the Philippine Mining Act of 1995. The Office of the Ombudsman later found probable cause for the criminal case and held Gungob administratively liable, ordering a three-month suspension without pay, convertible to a fine.
Good Faith Defense Rejected by High Court
Gungob, who served as mayor from 2001 to 2010, challenged the Ombudsman's ruling before the Court of Appeals. The CA cleared him of administrative liability, accepting his defense of good faith. The appellate court noted that the limestone was intended for bona fide municipal projects and that there were pending requests for permit renewals.
However, the Supreme Court, in a decision promulgated on August 13, 2025 and published on December 21, firmly rejected this reasoning. The High Court granted the petition filed by the NBI-7, reinstating the Ombudsman's penalty.
"Good faith is not anathema to a finding of liability for simple misconduct," the SC stated. It emphasized that directing the extraction and transport of minerals without necessary permits is unlawful and constitutes misconduct, regardless of the public purpose or lack of corrupt intent.
Legal Precedent and Previous Acquittal
The Supreme Court also corrected the CA on a procedural matter, ruling that the NBI's motion for reconsideration was filed on time. On the substantive issue, the Court's decision sets a clear precedent: "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."
In a separate but related case, the Sandiganbayan's Fifth Division in 2024 acquitted Gungob and six other municipal officers of graft charges concerning the allegedly overpriced procurement of organic fertilizers in 2005. The anti-graft court cited the prosecution's failure to prove guilt beyond reasonable doubt due to missing documentary evidence.
The Supreme Court's latest ruling underscores the strict accountability required of public officials in following legal procedures, even when projects are intended for public benefit.
