OFFICE OF THE SECRETARY - InterAksyon

When queried if Judge Carpio is going to file charges againstthe Mayor and Sheriff Andres, he implicitly said no because henoted before the end of the interview that his Sheriff’s actions werejustified and that he was only doing what is required of him underthe law. The Presiding Judge also made it clear that Sheriff Andreswas probably exercising his duty with care and caution as he hasjust been reinstated into the performance of his duties after beingsuspended for eighteen (18) months on administrative charges ofGrave Abuse of Authority, Gross Neglect of Duty and Violation ofR.A. 3019. Finally, Judge Carpio said that he’s not blaming MayorSara Duterte for the incident that befell her. Citing multitudes ofproblems of the city (a road tragedy where several people perishedand the flashfloods in five barangays killing at least thirty people inthe process) and that of her family (the Mayor’s child got sick),which all transpired immediately before the July 1, 2011 incident,the uncle Judge of the Mayor justified the emotions of his niece ashaving been clouded with obfuscation.PSI RONALD LIM LAOPSI Ronald Lim Lao is the Precinct Commander of the Sta.Ana Police Station in Davao City. He was part of the PNPcontingent which provided assistance to the Demolition Team thatwent to Agdao on July 1, 2011. When asked to account for theactual incident, PSI Lao proceeded with a narration of the followingevents, viz:a. At around 8:00 a.m., Sheriff Abe C. Andres of Br. 16,RTC of Davao City sought assistance from the Sta. AnaPolice in the implementation of the Writ of Demolitionin Barangay Soliman, Agdao, Davao City, relative toCivil Case No. 33-753-11 for unlawful detainer, copy ofthe Record of Event of the Sta. Ana Police Station ishereby included (Annex A);b. Before proceeding to the area, PSI Lao said that hebriefed the Demolition Team not to bring bags andimplement maximum tolerance. The PrecinctCommander also validated the fact that Sheriff Andreswas in the company of a geodetic engineer;c. The Demolition Team with PNP personnel as theAssisting Team proceeded to the site of demolition at8:10 a.m. and arrived thereat at 8:20 a.m.;d. Upon their arrival in the area, PSI Lao said that theresidents were already positioned and he noticed thepresence of a barricade in the entrance. Meanwhile,the geodetic engineer surveyed the place to determinewhich structures are included in the demolition;e. The tension between residents of the area andmembers of the Demolition Team heightened until itled to throwing incidents were bottles, stones andother objects were hurled;

f. The situation became worse as PSI Lao saw exchangesof throwing “boulders.” This prompted the enforcers(Assisting Team) to intervene to put the situationunder control although one of the squatters shot adeadly arrow hitting PI John Muring of Davao CityPublic Safety Company in the left leg; andg. Moments later, Mayor Sara Duterte arrived at the siteand scolded the Demolition and Assisting Team.Thereafter, the Honorable Mayor punched SheriffAndres several times and hit the right face of theSheriff.PSI Lao also stated that the planned demolition did not pushthrough. Consequently, no particular house or structure wasdismantled or torn down by the Demolition Team. He thenprepared a Record of Event dated July 1, 2011 and provided a copyto the DILG Investigating Committee which is appended in thisReport as an integral part hereof.MAYOR SARA DUTERTE–CARPIOMayor Sara Duterte-Carpio is the incumbent local chiefexecutive of Davao City after succeeding her own father MayorRodrigo Duterte, now the vice local chief of the city. When the Fact-Finding Committee took her statements for validation, sheinformed the committee that she will just execute a SwornStatement detailing all the events that transpired on July 1, 2011as she mentioned that she finds it difficult to recall all theincidents anymore. Mayor Duterte committed to submit the SwornStatement on July 7, 2011, but the DILG Investigating Committeehas yet to receive a copy of the said document. She, however,replied to some questions raised by the Investigating Committee.In the course of the question and answer, Mayor Duterteadmitted all the statements that she mentioned in interviews withthe media as well as the incidents that were recorded in videofootages shown in local and national television consisting of thefollowing, viz;a. On July 1, 2011, Mayor Sara Duterte, between nine (9)and ten (10) a.m., rushed to Barangay Soliman uponbeing told that a police-backed team was preparing todemolish the shanties of several families in that areain the face of angry residents armed with darts, otherbladed weapons and hard objects;b. In the initial confrontation between the demolitionteam and the residents, Police Officer John Muringwas hit by a dart in the leg;c. The riot between the residents and the DemolitionTeam had already started when Mayor Duterte arrivedin the area. Apparently exhausted from dealing withthe floods that hit certain parts of Talomo district, thelady Mayor told the team that she did not want

loodshed. She was even quoted saying, “I was in themiddle of 13,000 people who were badly in need ofassistance and here you are doing this?”;d. Mayor Duterte likewise was caught on video scolding aPNP officer who was assisting the Demolition Team fortheir alleged failure to prevent the riot from happening.The police officer turned out to be PSI Ronald Lim Laoof the Sta. Ana Police Station;e. Mayor Duterte told that as early as Thursday, sheasked the court to delay the demolition because theresidents were ready to fight back and she knew itwould turn bloody. She asked the Demolition Team tostay the execution of the court order for two morehours, but Andres refused;f. Because Sheriff Andres failed to heed her request towait for at least two hours before the demolition is tobe carried out, Mayor Duterte looked for the former.When Sheriff Andres emerged Mayor Duterte said:“Dali, sir (Come here, sir).” As the Sheriff wasapproaching, Duterte punched him twice in the face.When he tried to get away, she held him by the napeand continued punching him;g. Mayor Duterte as quoted in the television interviewssaid that, “So pinatawag ko siya, sabi ko ano bahinihingi... Medyo mainit na talaga ulo ko... Hinihingiko lang dalawang oras. Ano ba naman ang dalawangoras sa kanila?";h. Sheriff Andres, after he was able to run away from thelady Mayor, was seen being dragged by one of herbodyguards, PO2 Cabudti, towards Mayor SaraDuterte as the latter was shown pulling the sheriff’shair and continuously talking to him;i. The Mayor then told stunned members of the teamand the police not to proceed with the demolition.“Ayaw, ayaw (Don’t, don’t)!” she said;j. Sheriff Andres was brought to the hospital by theMayor’s bodyguards for treatment;k. Mayor said she did not regret her actions albeit shesaid sorry to the people and those who have been hurtexcept to Sheriff Andres and Judge Carpio. Accordingto her, she lost her temper because the Sheriff did notfollow her orders. She emphasized that she requestedto delay the demolition operations for at least twohours, while she was attending to relief operations forthose hit by floods. She had wanted to be personallypresent at the demolition to prevent violence; andl. The demolition did not push through as Judge Carpio

issued an Order directing to stay the implementationof the Writ of Demolition for ten (10) days.Finally, when Mayor Duterte was queried by the Fact-Finding Team if she really uttered the statement that she willwithdraw all financial assistance accorded by the city governmentto the judiciary, she said yes although she clarified immediatelythat she had already said sorry to the courts and its employeesand declared that their allowances will continue.COL. DIONICIO ABUDEThe interview with Col. Doinicio Abude was conductedaround 4 to 5 p.m. of July 5, 2011 at Police Regional Office 11,Davao City Police Office, Camp Captain Domingo E. Leonor, SanPedro Street, Davao City. Col. Dionicio Abude who started hiscurrent assignment at the City Public Safety Company in CampCaptain Domingo E. Leonor on August 17, 2011, was the leadofficer of fifty (50) Uniformed Police Officers of Davao City PoliceOffice, who, together with thirty (30) Police Officers of Sta. AnaPolice Officers led by Captain Lao, were part of the peace-keepingforce requested by Atty. Emmanuel Galicia Jr., Counsel for DavaoEnterprises Corporation relative to the implementation of the Writof Execution and the Writ of Demolition issued by the RegionalTrial Court, 11 th Judicial Region, Branch 16, Davao City. The copyof the letter, with attachments, of Atty. Emmanuel Galicia Jr. ishereto attached for ready reference (Annex B).Col. Dionicio Abude recounted the July 1, 2011 incidents asfollows:a. At around 6:30 a.m., Col. Dionicio Abude conducted abriefing with the fifty (50) Uniformed Police Officers whowere assigned to assist the Court’s Sheriff inimplementing the Writ of Demolition issued by theRegional Trial Court, 11 th Judicial Region, Branch 16,Davao City. Per his recollection, he specificallyinstructed all the Police Officers under his command toexercise maximum tolerance in the site of thedemolition;b. At around 8:30 a.m., Col. Abude’s team went to the siteand coordinated with Captain Lao and the Sheriffregarding the Writ of Demolition. Thirty minutes aftertheir arrival, Rey Rigor, Davao City Housing Officer,approached him and conveyed the request of MayorDuterte for a two-hour extension or until she arrives atthe site of the demolition;c. At around 9:00 a.m., Col. Dionicio Abude was able totalk to the Mayor who again reiterated her request for atwo-hour extension. He expressed to the Mayor that asper reply of Sheriff Andres, the demolition can only bedelayed/stalled if there is an instruction from JudgeCarpio, otherwise, the Sheriff has no other alternativebut to proceed with the demolition;

d. At around 9:30 to 9:45 a.m., Sheriff Andres instructed ateam of engineers to conduct a mapping/tagging inorder to properly determine which affectedareas/houses are to be demolished and whichareas/houses should not be demolished;e. After the mapping/tagging of affected areas/houses andsensing that the demolition is about to ensue, theresidents started throwing stones and bottles at thedemolition team as well as the peace-keeping forces ofthe PNP. As a result of the commotion/turmoil, Col.Dionicio Abude ordered the demolition team as well asthe PNP personnel to move back to ease the tension;f. Later or at around 10:00 to 10:30 a.m., Mayor Dutertearrived at the site and Col. Dionicio Abude approachedand noticed that the Mayor was scolding Captain Lao forthe PNP’s failure to maintain peace and order and toheed her request to delay or stall the demolition for twohours or until she arrives at the site. Col. DionicioAbude explained to Mayor Duterte that the PNP wasthere to assist the Demolition Team as a peace-keepingforce and that it was a judgment call of Sheriff Andres togrant or deny the Mayor’s request. He even explained tothe Mayor that a police officer was hit by a sling arrow;g. After that brief conversation, Mayor Duterte instructedCol. Dionicio Abude and Captain Lao to ensure thesafety of everybody and then proceeded to look forSheriff Andres;h. Col. Dionicio Abude recounted that, he was not able towitness the incident between the Mayor and SheriffAndres considering that he was attending to the duty ofensuring the peace and order in the area, not tomention that there were lots of individuals blocking hissight when the said incident took place. Col. DionicioAbude narrated to the Investigating Team that helearned of the punching incident only after SheriffAndres took off from the area; andi. Col. Dionicio Abude recalled around late in theafternoon, that he received information that thedemolition will not push through because of an Orderissued by the Regional Trial Court, 11 th Judicial Region,Branch 16, Davao City suspending the implementationof the Writ of Demolition.SHERIFF SERGIO LEONARDO J. TUPASSheriff Sergio Leonardo Tupas is the current President of theSheriffs’ Confederation of the Philippines, Region 11 Chapter. Herefused to issue a sworn statement but agreed to the taking of hisstatements vis-à-vis certain questions. Sheriff Tupas made thefollowing statements/ declarations:

a. After the incident of July 1, 2011, he met with SheriffAndres and discussed post-incident matters with hiscolleague including the possibility of filing chargesagainst Mayor Duterte;b. Sheriff Tupas said that Sheriff Andres at first wasinclined to press charges against the Mayor. It was theiragreement on July 2, 2011 that both of them willproceed to Manila on July 4, 2011 to meet withMembers of the National Board of their association andfor Sheriff Andres to execute an affidavit necessary forthe charges that he was supposed to make againstMayor Duterte;c. The situation changed on Monday, July 4, 2011,because instead of going to Manila, Sheriff Andres fileda leave of absence and the planned trip and meetingwith their colleagues did not push through. SheriffTupas, however, observed that the change of heart onthe part of Sheriff Andres happened after he was able totalk to an elder brother who is a Judge of the MTCC inDavao City. Sheriff Tupas also claimed that hiscolleague fears for his life and safety including that ofhis own family; andd. As for the official stand of the Sheriffs Confederation ofthe Philippines in Davao, he said that his group stronglycondemns what Mayor Duterte had done to a CourtSheriff. The head Sheriff noted that the outburst ofMayor Duterte was not justified and that as a local chiefexecutive she should always be composed and properlyrestrained. He clarified though that the SheriffsConfederation has no official stand yet on whethercharges should be filed but it is their consensus,according to Sheriff Tupas, that proper actions shouldbe taken against the lady Mayor of Davao City.When asked what the Sheriffs’ group will do or is planning todo if Sheriff Andres will not or refuses to pursue any legal actionagainst Mayor Duterte, the SCOPHIL said that it will pursue properlegal action. Sheriff Tupas stated that the July 1, 2011 incidentdoes not only involve a violation of the rights of Sheriff Andres,considering the aggression committed by Mayor Duterte. Morethan anything else, the SCOPHIL feels that the integrity of theCourts was jeopardized, considering that sheriffs are officers of theCourt.Finally, Sheriff Tupas mentioned during the interview thateven if Sheriff Andres shuns away from filing the proper complaint,SCOPHIL can still institute the necessary charges against MayorDuterte and those who might be responsible in the incident thattranspired on July 1, 2011.

SHERIFF ABE ANDRESSheriff Andres is the Branch Sheriff of the Regional TrialCourt, Branch 16, Davao City, under Judge Emmanuel Carpio,when the subject incident of this fact-finding took place. He wasimplementing a Writ of Demolition issued by Branch 16 in themorning of July 1, 2011 in Soliman, Agdao, Davao City, whenMayor Sara Duterte-Carpio arrived at the place of the demolition.It took the DILG Investigating Committee some time beforethey were able to get hold of Sheriff Andres. The Sheriff wasreluctant at first to submit to the fact-finding inquiry butnonetheless yielded to it upon the persuasion of the InvestigatingCommittee and Sheriff Tupas. Sheriff Andres felt that there is noneed for him to issue a Sworn Statement as he has provided theCommittee with a copy of the Sheriff’s Report dated July 4, 2011,which according to him was the same report that he submitted toJudge Carpio. The Copy of the Sheriff’s Report is appended in thisFact-Finding Report (Annex C). The Sheriff also answered somequestions that were asked by the members of the InvestigatingTeam. Pursuant, therefore, to the foregoing methodology, SheriffAndres mentioned the following factual matters:a. On June 23, 2011, he personally served copies of theWrit of Demolition of even date together with Notices tovacate the subject property within three (3) workingdays from notice to Defendant Edgardo Robledo, et al.;b. On June 26, 2011, Plaintiff’s counsel in the ejectmentcase asked Sheriff Andres to schedule the demolition onJuly 1, 2011, at eight in the morning and in viewthereof, the demolition was scheduled on the said timeand date in coordination with the Davao City PoliceOffice;c. On July 1, 2011, Sheriff Andres, the Demolition Team,the PNP Assisting Team and the Plaintiff and hiscounsel gathered at the Sta. Ana Police Station where heinformed all of them that he requested a geodeticengineer for the survey and marking of the area neededin the demolition. The group arrived at the site of thedemolition at around 8:30 a.m. ;d. Upon arrival at the area, Sheriff Andres requested thecooperation of those who were affected by the Writ ofDemolition issued by the court. At around 8:40 a.m.,the occupants of the area agreed that the geodeticengineer will conduct a survey and marking and as aresult, they allowed Engineer Julius Irvin Perez,Barangay Captain Pavo and some PNP officers headedby PSI Lao to go inside the area;e. At this juncture, a staff member of City hall informedSheriff Andres that Mayor Duterte is requesting to havethe demolition started at 11:00 a.m.;

f. Sheriff Andres told the staff to ask Judge Carpio toadvise him because he was only performing aministerial duty and that the representative of thePlaintiff refused to grant the same;g. At around 9:30, Engr. Perez, Punong Barangay Pavoand PSI Lao came out of the area and informed SheriffAndres that the occupants wanted to defer the surveyand implementation;h. At around 9:40, the occupants started throwing stonesand hitting the Demolition and Assisting Team withdeadly arrows). A police officer was hit by a deadly arrowprompting the police to take actions on those who threwstones and used deadly arrows;i. Sheriff Andres said that there was no demolition yetconducted when the incidents (riot) took place. In effect,the Sheriff noted that the Demolition Team was not ableto dismantle or destroy any single house or structureduring the scheduled demolition; andj. At around 9:55 a.m., Mayor Sara Duterte arrived andwhen Sheriff Andres approached her to coordinate withthe Mayor, the latter punched him several times causinga black eye and contusion on the Sheriff’s face. Sheriffsaid that the writ of demolition was not implementedbecause of the incident.When the DILG Investigating Team asked Sheriff Andreswhether he will press charges against Mayor Duterte, he replied hewill not. He emphasized that the decision not to file a case was theconsensus of the family especially so that his elder brother who isa judge of the MTCC in Davao told him that whatever will beimposed against the Mayor will not make him happy.When asked for the incident that happened after he wasrepeatedly punched by the Mayor, the Sheriff said that he wasbrought to the Southern Philippines Medical Center for treatment(SPMC) by Mayor Duterte’s bodyguards. He further said that whileit was recommended that he be admitted, he refused and justrequested for prescription.When finally he was asked whether Mayor Duterte paid thehospital expenses, Sheriff Andres said that he doesn’t know aboutit although he remembered that a group known as LINGAPshouldered his medical bills.PO2 DENNIS RODERICK R. CABUDTIPO2 DENNIS RODERICK R. CABUDTI is a member of thePhilippine National Police and one of the close-in security aides ofMayor Sara Duterte. He was the same police officer caught onvideo footages grabbing Sheriff Abe Andres by the hand and headand dragging him to the Mayor where the Sheriff’s hair was seenbeing pulled by Mayor Duterte. PO2 Cabudti during the fact-

finding, appeared with his lawyers (same set of lawyers whoaccompanied Mayor Duterte) and committed himself to submit aSworn Statement which the Investigating Team received on July 7,2011 via facsimile copy, copy of the Affidavit dated July 7, 2011, ishereto appended (Annex D).PO2 Cabudti’s declarations in his Affidavit dwelled on hisbeing with Mayor Duterte as early as 8:00 a.m. in different places.He claimed that he was with Mayor Duterte when the lady localchief executive was in evacuation centers of flood victims in thedifferent areas of Talomo District distributing foodstuffs. He alsosaid that he was in the same company when Mayor Duterte arrivedin the area of demolition between 9 to 10 a.m.PO2 Cabudti noted that when they arrived in the area, hesaw throwing of stones, bottles and others and this incidentstopped when Mayor Duterte arrived. Thereafter, he learned thatMayor Duterte was looking for somebody when a man, who turnedout to be Sheriff Andres, approached her and subsequently was hitby the Mayor. The police officer noted that he tried to stop MayorDuterte but was unsuccessful because there were plenty of peoplestanding in between them.Outside his Affidavit, the Investigating Team asked PO2Cabudti questions. When asked if he was present and was able tohear Mayor Duterte scolding the PNP Assisting Team notably PSILao, PO2 Cabudti replied that he saw PSI Lao when they arrived inthe area but he did not hear him being scolded by the Mayor.When asked, after being referred to a footage showing him near PSILao in that actual moment that the head of the Sta. Ana PoliceStation was being chided, if he heard this moment, PO2 respondedaffirmatively.When queried about the use of excessive force in restrainingSheriff Andres after the sheriff ran away from the initial advancesof Mayor Duterte, PO2 denied this allegation. He said that MayorDuterte instructed him to call the sheriff because she wanted totalk to him and so he called and approached the sheriff. Afterdoing so, PO2 Cabudti held the sheriff’s left hand with his own lefthand, placed his right hand on the sheriff’s shoulder and broughthim to the Mayor.PO2 Cabudti said that he was very cautious that SheriffAndres might react and could have hurt other people. It was onlywhen he thought that there will be no adverse reaction from thesheriff that he loosened up his hold on Sheriff Andres. Thereafter,he heard Mayor Duterte saying that the sheriff be brought to thehospital.D. FINDINGS AND RECOMMENDATIONS:After evaluation, the following factual matters were dulyestablished, viz:a. Prior to the July 1, 2011 incident involving Mayor SaraDuterte-Carpio of Davao City and a Court Sheriff, different areas

of Talomo District, that city, particularly the areas of Balusongand Barangay Matina Pangi were submerged in floodwaters due toheavy rains and flashfloods that hit at least five barangays ofDavao City in the late evening of June 28, 2011 to the earlymorning of June 29, 2011;b. As a result, many residents of the affected area wererendered homeless and at least thirty (30) people were reporteddead. According to a June 29, 2011 report of the City SocialServices and Development Office, at least 12,410 families weredisplaced due to floods and the overflowing of the Matina PangiRiver. Furthermore, a state of calamity was declared in theaffected barangays. The relief works needed and rehabilitationservices required in the area have caused extended hours of workfor Mayor Duterte since late evening of June 28, 2011. Evenduring the time of the subject incident of this report, MayorDuterte was preoccupied with attending to the victims anddamages of the flood crisis;c. Barely has this problem been addressed by the citygovernment, another concern confronted the city leadership whenoccupants of a piece of property in Agdao, Davao City, were placedon the verge of their houses being demolished because of a Writ ofDemolition issued by Judge Carpio of Branch 16, Regional TrialCourt;d. The Sheriff in-charge of the execution and demolition wasSheriff Abe Andres who served the Writ of Demolition and theNotice to Vacate to the parties on June 23, 2011. The order wassupposed to be carried out on June 29, 2011 but deferred anew toJuly 1, 2011;e. On July 1, 2011, Sheriff Andres proceeded with theenforcement of the writ but was requested by Mayor Duterte togrant her a two (2) hour reprieve as she would like to talk to theresidents first to avoid riots, injuries or even deaths whichnormally happen in violent demolitions;f. Sheriff Andres did not accede to the Mayor’s request. WhenMayor Duterte got information that the demolition hascommenced, a visibly upset Mayor, at that time preoccupied withthe ongoing rescue and recovery operations due to the flood crisis,proceeded to Agdao with her security escorts and was met by theongoing riots;g. Mayor Duterte scolded the PNP assisting the DemolitionTeam for its failure to prevent the riots. After she was told that theSheriff proceeded with the demolition, Mayor Duterte looked forSheriff Andres and slowly beckoned him to approach her;h. When Sheriff Andres approached Mayor Duterte, shepunched the sheriff repeatedly causing him to stomp away. MayorDuterte asked her escorts to look for the sheriff and upon thisinstruction, PO2 Cabudti ran after Sheriff Andres. He caughtSheriff Andres, and holding him on his left hand and placing hisright hand over the shoulder of the court officer, he brought him

efore the Mayor where the latter was seen holding Sheriff Andresby his hair;i. Sheriff Andres was brought to the hospital by MayorDuterte’s bodyguards for treatment;j. The planned demolition of houses in Barangay Soliman,Agdao, Davao City, did not take place. At 3:25 p.m., RTC Branch16 issued a Suspension Order for ten (10) days after the residentsinvolved, through counsel, at 2:15 of July 1, 2011, filed an UrgentMotion for Deferment of Proceedings on Ground of JudicialCourtesy in Accordance with Rule 65, Section 7, secondparagraph, as amended by S.C. A.M. No. 07-7-12, 2007;k. As a result, no houses or structures from the affectedresidents in Barangay Soliman, Agdao, Davao City weredismantled, destroyed or torn down. This particular fact wasfurther validated by an ocular inspection of the place and watchinga video footage by the Investigating Team as well as from thestatements of Sheriff Andres and PSI Lao;l. Mayor Sara Duterte admitted on media interview (GMANews T.V.) that she did not regret her actions. According to her,she lost her temper because the sheriff did not follow her orders;m. Mayor Duterte has also announced in an interview thatshe will be terminating all the assistance the local government isextending to the Davao City Hall of Justice but backtracked whenshe apologized to court employees and those who were affected bythe unfortunate incident; andn. Finally, on July 11, 2011, Branch 16, of the Regional TrialCourt of Davao City, issued an Order setting aside the Order datedJune 21, 2011 relative to the order for the issuance of a Writ ofDemolition and the ensuing Writ of Demolition, a copy of the Orderis herein appended (Annex E) and forms part of this Report. Thus,the planned demolition in Agdao is now stayed.Based on the foregoing facts, this Department recommends thefollowing:a. Probable cause exists to file an administrative case forMisconduct against Mayor Sara Duterte-Carpio.b. The administrative culpability of Mayor Duterte forMisconduct could proceed from her acts of intervening in theimplementation of a Court Order by a Court Sheriff. While it is truethat she did not say nor did she manifest anything that will showher defiance of the Writ of Demolition, as she in fact was onlyrequesting for a two (2) hour extension, her acts of preventing theexecution of the Order of Judge Carpio, particularly when shepunched Sheriff Andres, could be an act of misconduct. Theelements of misconduct --- the “intent to violate the law ordisregard of established rule must be manifest” (Baylon v. FactfindingIntelligence Bureau, G.R. No. 150870, December 11, 2002)--- pervade in this case. Mayor Duterte, therefore, could be

administratively indicted, with the reported violation committedwhile she was in the performance of her functions as local chiefexecutive of the city. This level understands Mayor Duterte’sattempt to help her constituents avoid bloodshed or preventsustaining injuries to them by delaying enforcing the CourtOrder for at least two (2) hours. But punching the Court Sheriffwas neither an acceptable nor the only option then obtaining.She could have achieved the same purpose by directing thepolicemen to temporarily stop or discontinue the demolitionmeantime that she was settling the matter. She could havesummoned and confronted the sheriff and plead her case forthe affected families without taking the law in her own hands.She could have talked to the Plaintiff for her to be given therequested grace period or she could have still exhaustedremaining or possible legal remedies that will stay thedemolition, temporarily or otherwise. When Mayor Duterte didnot venture in any of these options, probable cause hasexisted for her to be indicted for Misconduct.c. Moreover, beyond these basic legalities, we should not losesight of higher-order principles governing the conduct of publicofficials, most especially elected local chief executives who shouldbe the primary role models in living up to the time-honoredprinciple of public office being public trust in their respectivejurisdictions. The “Code of Conduct and Ethical Standards forPublic Officials and Employees” specifically calls forprofessionalism --- i.e. that “public officials and employees shallperform and discharge their duties with the highest degree ofexcellence, professionalism, intelligence and skill…”. “They shall atall times respect the rights of others, and shall refrain from doingacts contrary to law, good morals, good customs, public policy,public order, public safety and public interest.” (Section 4, RA6713) Notwithstanding the mitigating circumstances and hernoble intentions as previously discussed, Mayor Duterte’sactions clearly did not measure up to these particularstandards of public service.d. Significantly, the administrative case to prosper needs aformal complaint. Reports from newspapers and media have shownthat the July 1, 2011 incident in Davao City prompted the SheriffsConfederation of the Philippines (SCOPHIL) to file anadministrative case for Grave Misconduct and a criminal case forDirect Assault against Mayor Sara Duterte-Carpio before theOmbudsman (Annex F). However, the filing of the administrativecase with the Graft Body has now precluded the filing of anothercomplaint arising from the same incident of July 1, 2011 beforethe Office of the President as this will violate the rule on forumshopping.The Supreme Court in Hagad vs. Gozo-Dadole (G.R. No.108072, December 12, 1995) has ruled that the Office of theOmbudsman has concurrent jurisdiction with discipliningauthorities under the Local Government Code so that the filing ofthe administrative complaint in one forum prevents the other fromacquiring jurisdiction in such case.e. As for PO2 Dennis Roderick R. Cabudti, while he saidduring the fact-finding that he merely followed the order of Mayor

Duterte to bring Sheriff Andres to where she was standing, we stillfind his actions justifiable at this point. We likewise find theallegations in his Affidavit, particularly paragraph five thereof,acceptable although the Investigating Team finds his manner ofheeding the Mayor’s order cavalier. We, therefore, recommend thathe be investigated by the PNP using its administrative proceduresto pinpoint the exact liability, if any;f. Anent the two police officers, PSI Ronald Lao and Col.Dionicio Abude, who were with the Demolition Team when the riotin Barangay Soliman between the residents and the Team erupted,we do not see any criminal or administrative culpability in theiractions as it appeared in video footages that the residents initiatedthe throwing of stones, bottles and other objects. If ever it wasshown that they advanced forward with covered shields into thedirection of Barangay Soliman, it was clear in video footages, newsreports and in interviews that they did not exercise excessive forcein gaining entry inside area.g. As for the applicability of the thirty (30) day notice rulebefore a demolition under the law could take place pursuant toSection 28 of R.A. 7279 or the Urban Development and HousingAct of 1992, the same should have been factored in the case by theCourt. The Court should have taken cognizance that theaffected families are mostly urban poor dwellers and that thethirty day notice rule should have been applied. Should thishave been duly considered, there is high likelihood that thesubject incident of this report would have been averted. Butany issue on this requirement has now been rendered moot by theJuly 11, 2011 Order of Hon. Judge Emmanuel Carpio when herecalled his Order for the issuance of the Writ of Demolition andthe ensuing Writ of Demolition.h. Had the 30 day notice rule been applied, the tensionthat erupted between the urban poor dwellers and thedemolition team that was triggered by effecting the writ andthat led to the untoward incident involving the Mayor and thesheriff would have not taken place.i. Apart from the legal requirement of complying with thethirty day notice rule that the Court should have duly considered,the Court could have also taken into consideration theextraordinary external circumstances that surrounded thesubject demolition. The City was yet in the process ofrecovering from a flood crisis and deferring theimplementation of the Writ of Demolition, for humanitarianconsiderations, could have gone a long way in not furtherexacerbating the already problematic situation in the area;j. The repercussion of the July 1, 2011 incident in DavaoCity has prompted this Department to recommend the followingprocesses in demolitions caused by a court order, in order to avoida repetition of such incident, such as:j.1. The local government unit (LGU) where a planneddemolition is to take place should endeavor to know if all

existing laws, rules and conditions on demolition andeviction are followed before any actual act of demolition iscarried out by the Sheriff or any officer of the Court;j.2. If in the affirmative, the LGU concerned shouldcause proper coordination with the Court and the parties inthe case and the Court’s Sheriff before the demolition shouldproceed to acquire an understanding of the nature of theprocess, the procedures involved and compliance by all thestakeholders with all existing laws and applicable rules ondemolition;j.3. If any violation or non-compliance with existinglaws and regulations is established such as absence of thethirty-day notice rule, failure to address adequateconsultations, using heavy equipment for demolition, etc.,the demolition must be held in abeyance pending fullcompliance with such established rules;j.4. If the conditions, laws or rules for a validdemolition are complied with and the planned demolitionpushes through, the LGU should engage with the Court orthe Court Sheriff so that a reasonable period of time can beobtained by the Local Chief Executive (LCE) or any of hisrepresentative in the area of demolition to supervise andmonitor the needs of the people during the demolitionproper including talking to them and convincing the peopleto submit to a faithful compliance with the Order of theCourt;j.5. In the event that demolition becomes violent, theLCE may call proper police assistance to suppress theviolence even if this would mean staying the demolition inthe meantime; andj.6. The LCE should attempt to come up with anexecutive order or directive incorporating the foregoingsuggestions as part of his power to enforce all laws andordinances relative to the governance of the LGU.k. It is also worth stating that certain requirements underR.A. 7279 or the Urban Development Housing Act of 1992 (UDHA)must be complied with to effect a valid demolition, such as:k.1. Notice upon the affected persons at least thirtydays prior to the date of demolition;k.2. Adequate consultations on the matter ofresettlement with the people to be resettled and the affectedcommunities in the areas where they are to be relocated;k.3. Presence of local government officials or theirrepresentatives during demolition;k.4. Proper identification of all persons taking part inthe demolition;

k.5. Execution of demolition only during regular officehours from Mondays to Fridays and during good weather,unless the affected families consent otherwise;k.6. No use of heavy equipment for demolition exceptfor permanent structures;k.7. Proper uniforms for members of the PNP who shalloccupy the first line of enforcement and observe properdisturbance control procedures; andk.8. Provisions on adequate relocation, whethertemporary or permanent.This Department, however, emphasizes thatcompliance with the foregoing requirements as safety netsunder the UDHA applies only in demolitions made pursuantto a court order involving underprivileged and homelesscitizens as defined under Sec. 3, par. (t) of R.A. 7279.l. Although under normal circumstances, the Department isthe Investigating Authority in cases involving elected local officialsunder the Disciplinary Authority of the President, in this case, it isour view that this Department could institute the filing of theproper administrative complaint against Mayor Sara Duterte-Carpio, if no party will or have filed an administrative case. As theagency exercising the power of general supervision over cities, withits function to see to it that local elective officials act within theirprescribed powers and functions, this Department could file theadministrative complaint against Mayor Duterte-Carpio with theOffice of the President. This is precisely why the Office of thePresident in Administrative Order No. 23 is given authority toconstitute another agency or body as its Investigating Authority.Considering, however, that a similar administrative complaintagainst Mayor Duterte-Carpio has already been instituted by theSCOPHIL, the DILG is now precluded from filing its ownadministrative complaint for this will violate the principle of forumshopping.m. Finally, in view of the findings and recommendations ofthe DILG Investigating Team, the Department will convey itsproposals to and work with the Office of the Supreme CourtAdministrator in so far as our recommendations are concernedwith the end in view that the untoward incident last July 1, 2011in Davao City can be avoided in future demolitions.Most respectfully submitted.JESSE M. ROBREDOSecretary