DILG chief recommends administrative raps against Duterte

Mayor Sara Duterte about to throw the second punch to Sheriff Abe Andres. CONTRIBUTED PHOTO

MANILA, Philippines—The Department of Interior and Local Government has recommended the filing of an administrative case against Davao City Mayor Sara Duterte for repeatedly punching a court sheriff implementing a shanty town demolition order on July 1.

Local Government Secretary Jesse Robredo said he “understands Mayor Duterte’s attempt to help her constituents avoid bloodshed” but he stressed that mauling Sheriff Abe Andres “was neither an acceptable nor the only option” to stop the court officer from tearing down the houses of 296 slum dwellers in the southern city of Davao.

Duterte, who later admitted it was not her “best moment”, argued she tried to ask for a two-hour reprieve but was ignored by Andres. She said she only wanted to prevent a violent clash between the informal settlers and the demolition team.

Duterte went on a weeklong leave as a team from the Department of Interior and Local Government flew to Davao City to investigate the mauling incident.

Robredo, in a memorandum to President Benigno Aquino, recognized Duterte’s “noble intentions” but he said the mayor’s public display of violence “did not measure up” to standards of public service.

Beyond the basic legalities, Robredo said “we should not lose sight of higher-order principles governing the conduct of public officials, most especially elected local chief executives who should be the primary role models in living up to the time-honored principle of public office being public trust in their respective jurisdictions.”

“The Code of Conduct and Ethical Standards for Public Officials and Employees specifically calls for professionalism — i.e. that ‘public officials and employees shall perform and discharge their duties with the highest degree of excellence, professionalism, intelligence and skill,” he said.

Robredo, quoting the code, said public officials “shall at all times respect the rights of others, and shall refrain from doing acts contrary to law, good morals, good customs, public policy, public order, public safety and public interest.”

“Notwithstanding the mitigating circumstances and her noble intentions…, Mayor Duterte’s actions clearly did not measure up to these particular standards of public service,” he said.

But Robredo noted that the court should have observed the 30-day notice required by law before a demolition could be made.

“Had the 30 day notice rule been applied, the tension that erupted between the urban poor dwellers and the demolition team that was triggered by effecting the writ and that led to the untoward incident involving the mayor and the sheriff would have not taken place,” he said.

Andres apologized to Duterte a week later, even as he said he had actually communicated the appeal for reprieve to Judge Emmanuel Carpio, who issued the order, and was just waiting for the regional trial court judge’s response when the fuming mayor came.

The sheriff, who during the incident tried to leave after the initial punches but was dragged by Duterte’s bodyguard to be mauled again, said he would not press charges.

Robredo said that “under normal circumstances” the DILG is the investigating authority in cases involving elected local officials.

But he said that “it is our view that this department could institute the filing of the proper administrative complaint against Mayor Sara Duterte Carpio, if no party will or have filed an administrative case.”

The Sheriffs Confederation of the Philippines  on July 11 filed before the Office of the Ombudsman an administrative case for grave misconduct and a criminal case for direct assault against Duterte.

This, Robredo said in his July 15 memorandum, prevented the DILG from filing another complaint before the Office of the President “as this will violate the rule on forum shopping.”

The Dutertes are allies of the Aquino administration.