DILG finds Mayor Duterte 'at fault' in punching incident

A Department of Interior and Local Government (DILG) fact-finding committee has found "probable cause" to file administrative charges against Davao City mayor Sara Duterte who punched a court sheriff during a demolition row on July 1.



Interior Secretary Jesse Robredo on Tuesday said the recommendation to file charges against Duterte was contained in an 18-page report that the DILG submitted to President Benigno Simeon Aquino III earlier in the day.

Robredo said Duterte was found guilty of "conduct unbecoming of a public official."

The DILG sent two lawyers to Davao City two weeks ago to investigate the matter and gather evidence and testimonies from people who witnessed the incident.



Robredo said one of the salient findings in the probe was that Duterte indeed was at fault when she repeatedly punched sheriff Abe Andres in the face and the back of his head.



"Malinaw na may kasalanan si Mayor Duterte. Totoo pong may circumstances na mitigating pero ang action niya ay kasalan iyon," he said. 

"While it is true that she did not say nor did she manifest anything that will show her defiance of the Writ of Demolition, as she in fact was only requesting for a two (2) hour extension, her acts of preventing the execution of the Order of Judge Carpio, particularly when she punched Sheriff Andres, could be an act of misconduct," the DILG said in its report.

The DILG said it understood Duterte's efforts to prevent a bloodshed "but punching the Court Sheriff was neither an acceptable nor the only option then obtaining."

Court's fault too

Aside from finding Duterte at fault for the incident, Robredo said the fact-finding team also found that the local court in Davao City also had some lapses.



"May problema din ang korte doon. Sinasabi sa batas na may 30 days notice pero hindi sinunod iyon dahil inapura. Kung sinunod ang notice baka hindi nagkita si sheriff at simayor," Robredo said.

The DILG fact-finding committee said the court should have taken into consideration the "extraordinary external circumstances" in the city at the time of the demolition, including the fact that residents were still reeling from the effects of massive flooding in the region.

Robredo said the DILG would be sending copies of their fact-finding report to the Office of the Ombudsman because a complaint was filed against Duterte by the Sheriffs Confederation of the Philippines.



Robredo said another recommendation in the report was for the DILG to coordinate with the office Supreme Court spokesman and court administrator Midas Marquez to clarify matters during demolition operations as provided for in Republic Act 7279 or the Urban Development and Housing Act of 1992. 



Robredo also said his agency would be closely coordinating with other agencies and courts to determine which complaints could be merged together.

"Kapag pinatakbo ng sabay-sabay baka ma-forum shopping at madismiss... Kung puwede i-consolidate na lang. Mas mainam iyon," Robredo warned.



Aside from the direct assault charge filed by the Scophil before the Ombudsman, Duterte is also facing a disbarment case before the Integrated Bar of the Philippines.




No suspension yet - 

Despite the DILG's recommendations, Robredo clarified that for now, Duterte could still remain in office and not be suspended because of the absence of any formal complaint filed against her before the DILG.

Robredo said that if nobody decides to file administrative cases against Duterte despite the DILG recommendations, "We [the DILG] will be the one to file." 



Robredo also belied earlier reports quoting him as saying Duterte might not face sanctions because Andres has refused to press charges.



"Hindi po totoo iyon. Hindi po namin siya inaabsuwelto," Robredo said.

BY MARK MERUEÑAS