The Supreme Court of the Philippines has delivered a decisive ruling against a former local chief executive from Cebu, marking a significant turn in a long-standing legal dispute over environmental and administrative regulations.
From Court of Appeals Victory to Supreme Court Reversal
Former Consolacion mayor Avelino J. Gungob Sr. has expressed disappointment following a Supreme Court decision that found him administratively liable. The High Court's ruling, promulgated on August 13, 2025 and published online on December 21, reverses an earlier favorable decision from the Court of Appeals.
The case reinstates the finding of the Office of the Ombudsman, which found Gungob guilty of simple misconduct. The penalty originally imposed was a three-month suspension without pay, which is convertible to a fine.
The 2009 Checkpoint That Started It All
The legal controversy has its roots in a routine checkpoint conducted in Consolacion back in November 2009. During the inspection, authorities apprehended three municipal dump trucks that were hauling limestone without the necessary valid permits. A backhoe and a bulldozer, all owned by the Consolacion Municipal Government, were also seized in the operation.
This incident led the Ombudsman to find probable cause to charge Gungob and several job order employees with theft of minerals under Republic Act 7942, commonly known as the Philippine Mining Act of 1995.
Good Faith Defense Rejected by High Court
In his defense, Gungob argued that the extracted earth materials were intended for public road projects in the upland areas of Sitio Laray, Barangay Jugan. He claimed the materials were later used for reclamation purposes, emphasizing the project's public benefit.
The Court of Appeals had previously accepted this argument, ruling in Gungob's favor by citing his good faith and the municipal project's public purpose. However, the Supreme Court took a firmer stance on procedural compliance.
The High Court clarified that the National Bureau of Investigation (NBI) 7's motion for reconsideration was, in fact, filed on time. The filing period should be counted from the receipt of the decision by the Office of the Solicitor General, not the NBI itself.
More crucially, on the merits of the case, the Supreme Court stated that good faith does not absolve a public official from liability for simple misconduct. The justices stressed that directing the extraction of minerals without the required permits is an unlawful act, even if the intention is for public projects and is devoid of any corrupt motive.
Political Motives Alleged
In a radio interview with Bombo Radyo Cebu on December 31, 2025, the former mayor shared his perspective on the case. Gungob believes the charges were politically motivated, orchestrated by his local political rivals as a form of harassment.
Avelino Gungob Sr. served as the mayor of Consolacion for nine years, from 2001 to 2010. This Supreme Court ruling brings a conclusive legal chapter to an issue that has spanned over a decade and a half, underscoring the strict accountability expected of public officials in the management of natural resources.
