MANILA, Philippines – THE DEPARTMENT of the Interior and Local Government (DILG) found Davao City Mayor Sara Duterte liable for misconduct for punching a court sheriff during a demolition of illegal settlers’ shanties last July 1, but will not sanction her.
Interior Secretary Jesse Robredo said the DILG leaves Duterte’s case up to the Office of the Ombudsman which is investigating the mayor for assaulting Sheriff Abe Andres who was serving a court order to demolish a slum community in Davao City.
The DILG said Duterte was understandably trying to prevent further violence between the demolition crew and illegal settlers.
“But punching the court sheriff was neither an acceptable nor the only option then obtaining,” said the DILG report.
It said Duterte could have “achieved the same purpose” through other means like giving direct orders to policemen to stop the demolition or negotiating with the land claimant for a stay in the demolition.
“When Mayor Duterte did not venture in any of these options, probable cause has existed for her to be indicted for misconduct,” the DILG said.
It said local officials should be “primary role models.”
Robredo said the report has been submitted to Malacañang yesterday.
He said there was no need for the DILG to file a case against Duterte because the mayor was already facing a case filed by the Sheriffs Confederation of the Philippines for grave misconduct and direct assault.
The DILG, Robredo said, would submit a copy of its report to the Ombudsman.
The DILG also laid blame on the Davao City court that issued the demolition order for failing to give settlers a 30-day notice.
“Had the 30-day notice rule been applied, the tension that erupted between the urban poor dwellers and the demolition team … would not have taken place,” DILG said.
Robredo said DILG also won’t file an administrative case against Duterte lest it be accused of forum shopping.
The DILG, however, recommended further investigation of PO2 Dennis Roderick Cabudti, one of Duterte’s security aides, although he “merely followed the order of Mayor Duterte to bring Sheriff Andres to where she was standing.”