DILG: Davao City mayor, judge erred

The Department of the Interior and Local Government (DILG) has found fault not only with Davao City Mayor Sara Duterte but also with the judge who ordered the demolition that prompted the local chief executive to punch a court sheriff on July 1.

A draft report of the DILG investigation noted that Judge Emmanuel Carpio of the Davao City Regional Trial Court Branch 16 should have taken cognizance of the fact that demolitions involving urban poor settlements were covered by a 30-day notice rule.

Carpio is the uncle of Duterte’s husband, Mans Carpio.

A DILG official gave the Inquirer a copy of the draft report with instructions not to quote verbatim from it. The report is not yet official and has yet to be signed by Local Government Secretary Jesse M. Robredo.

Had the Davao City RTC complied with the 30-day notice rule, the punching would have been averted, according to the DILG draft report.

But the draft report also noted that this was a moot point, as Carpio had since recalled his writ of demolition out of deference to a petition pending in the Court of Appeals.

Moreover, it cited Carpio’s reasoning that he had given the parties sufficient time to appeal his demolition order from March 7 to June 22.

The DILG draft report found the actions of Duterte’s police escort, PO2 Dennis Roderick Cabudti, justifiable but cavalier as he was seen on video bringing Sheriff Abe Andres to the mayor. It recommended further investigation by the Philippine National Police for a possible administrative case.

Unprofessional

The same draft report recommended a misconduct complaint against Mayor Duterte for her actions which it found unprofessional and did not conform to public standards.

The filing of a complaint for abuse of authority was included in the recommendation, but a DILG official said this was not final.

The recommendations include a general guide on how local officials should conduct themselves in similar situations that Duterte found herself in.

The DILG will submit Monday or Tuesday its recommendations to Malacañang, which would ultimately decide on Duterte’s case.

An incensed Duterte was captured by TV news cameras punching Andres after he insisted on demolishing shanties in Agdao District despite the mayor’s request to hold it off for two hours.

Andres did not file charges against the mayor and instead apologized.

House probe

In the House of Representatives, Anad Rep. Pastor Alcover Jr. said he would file a resolution and deliver a privilege speech calling for an investigation of the Dutertes shortly after opening the second regular session of the 15th Congress on July 25.
Alcover said the mayor’s father, Vice Mayor Rodrigo Duterte, and brother, Councilor Paolo Duterte, would also be summoned for their behavior against critics of Sara Duterte.

“I think (Mayor) Duterte should have been immediately kicked out from her office. She’s a negative example of local government officials,” he said in a phone interview.

Alcover said he was dismayed by the failure of Robredo to throw the book at Duterte despite her flagrant disrespect of the authorities.

Kid gloves

“While Malacañang has focused its attack on Gloria Macapagal-Arroyo and the bishops, it treated with kid gloves the Dutertes without considering the seriousness of the crimes they committed,” Alcover said.

While the DILG has the power to discipline erring governors and mayors, Robredo claimed that he could not penalize Duterte because there was no complaint filed against her.

But Alcover pointed out that under Administrative Order No. 23 on the procedures in disciplinary cases against elective officials, complaints can be initiated by the President or any government agency on their own accord.

Political ally

Robredo has been criticized for siding with the Dutertes since the political family is a close political ally of President Aquino and Vice President Jejomar Binay. The elder Duterte was rumored to be the first choice of the President as his interior secretary.

“Their arrogance and thuggery promote the culture of violence. This should be stopped,” Alcover said. With a report from Gil C. Cabacungan Jr.