OFFICE OF THE SECRETARY

MEMORANDUM FOR THE PRESIDENT THRU : HON. PAQUITO N. OCHOA, JR. Executive Secretary, Office of the President Malacanang, Manila : FACT-FINDING INVESTIGATION CONDUCTED BY THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT (DILG) AND THE REPORT THEREON REGARDING THE ALLEGED PUNCHING INCIDENT INVOLVING MAYOR SARA DUTERTE-CARPIO OF DAVAO CITY AND A COURT SHERIFF

RE

DATE

: 15 July 2011

A. BACKGROUND: This is a fact-finding investigation to determine possible liabilities and infractions of Mayor Sara Duterte-Carpio of Davao City, in an incident involving a Court Sheriff. Banner story in news telecast and video footages last July 1, 2011, showed the incumbent Mayor of Davao City, repeatedly punching a Court Sheriff during the height of a demolition in Soliman, Agdao, that city. It was reported that Mayor Duterte-Carpios behavior was prompted by the alleged refusal of Court Sheriff Abe Andres of Branch 16 of the Regional Trial Court to heed her request of a two (2) hour reprieve in the implementation of the writ of demolition as the local chief executive of that city was trying to convince the residents of the area to peacefully vacate the place. B. METHODOLOGY: On July 4, 2011, DILG lawyers Romeo P. Benitez and Christopher Tiu, flew to Davao City to conduct a fact-finding inquiry on the reported incident. The purpose of the investigation was to gather and determine factual events that will aid in understanding the real backdrop of the controversy. Upon reaching Davao City, the Investigating Team immediately embarked on its fact-finding. The probe consisted of interviewing personalities involved in the punching incident and available witnesses, watching video footages, conducting ocular inspections, causing the execution of sworn statements, collating news reports and validating the same from persons who were either witnesses or plain possessors of first hand information of the happening. In the course of the investigation, the DILG Investigating Team was able to interview the following individuals, viz: 1. 2. Mayor Sara Duterte-Carpio of Davao City; Sheriff Abe Andres of the Regional Trial Court (RTC)

3. 4.

5. 6. 7.

Br.16, Davao City; Judge Emmanuel Carpio of RTC, Branch 16, Davao City; Sheriff Sergio Leonardo J. Tupas, who is the incumbent President of the Sheriffs Confederation of the Philippines, Region XI Chapter; PSI Ronald Lao, who is the Station Commander of PNP Sta. Ana District, Davao City; Col. Dionicio Abude; and PO2 Dennis Roderick Cabudti who is one of the police escorts of Mayor Duterte-Carpio.

C. COLLATED STATEMENTS AND TESTIMONIES: The interviews proceeded with the taking of the statements of personalities mentioned in the list in the following order: Judge Emmanuel Carpio Judge Emmanuel Carpio is the Presiding Judge of Branch 16, Regional Trial Court of Davao City, which is the same Court that issued the Writ of Demolition then being enforced by Sheriff Andres when the punching incident happened. He is also the uncle-in-law of Mayor Sara Duterte as the former is the brother of her husbands father. Judge Carpios statements dwelled on his reaction against the news item that the court did not afford time to the informal settlers when allegedly he did not cause Sheriff Andres to stay execution of the Writ of Demolition. The Presiding Judge, in reply to the questions raised by the Investigating Team, belied the accusation that he failed to give time and allowance to the residents of the area. In contrast, he noted giving them much time through his narration of events preceding the day of the demolition, consisting of the following: a. March 8, 2011, the Plaintiff in the civil case involving the Defendants filed a Motion for Execution Pending Appeal; b. For failure to post the requisite supersedeas bond, Judge Carpio issued an Order granting the Writ of Execution. The presiding Judge explained that it took him almost one month to grant the motion as he thought of deferring its issuance for humanitarian reasons; c. During the interim, a Motion for Reconsideration was filed by the Defendants but it was denied on June 6, 2011; d. On June 9, 2011, the Writ of Execution in the case was issued. Sheriff Andres served the writ on June 10, 2011 and gave Defendants three (3) days from notice to vacate; e. Out of three hundred thirty six (336) families affected, forty (40) voluntarily vacated the place;

f. On June 21, 2011, Plaintiff filed a Motion for a Writ of Demolition; g. On June 22, 2011, the Writ of Demolition was issued by Judge Carpio and was served by Sheriff Andres to the defendants on June 23, 2011; h. The writ was supposed to be implemented on June 29, 2011, but Mayor Sara Duterte requested Sheriff Andres for another two day postponement because she would like to talk to the residents first about the situation. The planned demolition did not push through; i. In the afternoon of the same date, Mayor Duterte called up Judge Carpio if theres a way to stop demolition. The Judge responded by telling the Mayor that a reprieve is obtaining if the defendants can secure a Temporary Restraining Order from the Court of Appeals or that the local chief executive can talk to the Plaintiff to stay demolition; j. In the morning of July 1, 2011, a person from the Mayors camp called up Judge Carpio anew to request reprieve in the implementation of the Writ of Demolition. Judge Carpio made a similar reply to the caller; k. Meanwhile, Defendants lawyers filed a Very Urgent Manifestation and Motion in the case informing Judge Carpio that they have already filed a Petition for Certiorari with Injunctive Relief before the Court of Appeals and prayed for a ten day deferment of any action on the case invoking the Rules of Court provision on judicial courtesy; and l. Judge Carpio acceded to Defendants motion. In the course of the interview, Judge Carpio said that the ugly scar created by the punching incident is partly due to medias propensity to sensationalize events. He mentioned what he noted as Mayor Dutertes misappreciation of facts that the Court did not consider giving the Defendants ample time to secure a possible stay in the implementation of the demolition order. The Presiding Judge told the Investigating Team that sufficient time, from March 7, 2011 (date of the filing of Plaintiffs Motion for Execution Pending Appeal) to June 22, 2011 (date when the Writ of Demolition was issued), was given to the Defendants counsel and all affected parties to secure any injunctive relief from the higher courts. Besides, the Honorable Judge rationalized that the ninety (90) day period required by the Rules of Court for him to resolve Plaintiffs motion was about to expire then and disregarding this mandatory directive of the law will expose him to possible sanctions.

When queried if Judge Carpio is going to file charges against the Mayor and Sheriff Andres, he implicitly said no because he noted before the end of the interview that his Sheriffs actions were justified and that he was only doing what is required of him under the law. The Presiding Judge also made it clear that Sheriff Andres was probably exercising his duty with care and caution as he has just been reinstated into the performance of his duties after being suspended for eighteen (18) months on administrative charges of Grave Abuse of Authority, Gross Neglect of Duty and Violation of R.A. 3019. Finally, Judge Carpio said that hes not blaming Mayor Sara Duterte for the incident that befell her. Citing multitudes of problems of the city (a road tragedy where several people perished and the flashfloods in five barangays killing at least thirty people in the process) and that of her family (the Mayors 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 as having been clouded with obfuscation. PSI RONALD LIM LAO PSI Ronald Lim Lao is the Precinct Commander of the Sta. Ana Police Station in Davao City. He was part of the PNP contingent which provided assistance to the Demolition Team that went to Agdao on July 1, 2011. When asked to account for the actual incident, PSI Lao proceeded with a narration of the following events, viz: a. At around 8:00 a.m., Sheriff Abe C. Andres of Br. 16, RTC of Davao City sought assistance from the Sta. Ana Police in the implementation of the Writ of Demolition in Barangay Soliman, Agdao, Davao City, relative to Civil Case No. 33-753-11 for unlawful detainer, copy of the Record of Event of the Sta. Ana Police Station is hereby included (Annex A); b. Before proceeding to the area, PSI Lao said that he briefed the Demolition Team not to bring bags and implement maximum tolerance. The Precinct Commander also validated the fact that Sheriff Andres was in the company of a geodetic engineer; c. The Demolition Team with PNP personnel as the Assisting Team proceeded to the site of demolition at 8:10 a.m. and arrived thereat at 8:20 a.m.; d. Upon their arrival in the area, PSI Lao said that the residents were already positioned and he noticed the presence of a barricade in the entrance. Meanwhile, the geodetic engineer surveyed the place to determine which structures are included in the demolition; e. The tension between residents of the area and members of the Demolition Team heightened until it led to throwing incidents were bottles, stones and other objects were hurled;

f. The situation became worse as PSI Lao saw exchanges of throwing boulders. This prompted the enforcers (Assisting Team) to intervene to put the situation under control although one of the squatters shot a deadly arrow hitting PI John Muring of Davao City Public Safety Company in the left leg; and g. Moments later, Mayor Sara Duterte and scolded the Demolition and Thereafter, the Honorable Mayor Andres several times and hit the Sheriff. arrived at the site Assisting Team. punched Sheriff right face of the

PSI Lao also stated that the planned demolition did not push through. Consequently, no particular house or structure was dismantled or torn down by the Demolition Team. He then prepared a Record of Event dated July 1, 2011 and provided a copy to the DILG Investigating Committee which is appended in this Report as an integral part hereof. MAYOR SARA DUTERTECARPIO Mayor Sara Duterte-Carpio is the incumbent local chief executive of Davao City after succeeding her own father Mayor Rodrigo Duterte, now the vice local chief of the city. When the FactFinding Committee took her statements for validation, she informed the committee that she will just execute a Sworn Statement detailing all the events that transpired on July 1, 2011 as she mentioned that she finds it difficult to recall all the incidents anymore. Mayor Duterte committed to submit the Sworn Statement on July 7, 2011, but the DILG Investigating Committee has 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 Duterte admitted all the statements that she mentioned in interviews with the media as well as the incidents that were recorded in video footages shown in local and national television consisting of the following, viz; a. On July 1, 2011, Mayor Sara Duterte, between nine (9) and ten (10) a.m., rushed to Barangay Soliman upon being told that a police-backed team was preparing to demolish the shanties of several families in that area in the face of angry residents armed with darts, other bladed weapons and hard objects; b. In the initial confrontation between the demolition team and the residents, Police Officer John Muring was hit by a dart in the leg; c. The riot between the residents and the Demolition Team had already started when Mayor Duterte arrived in the area. Apparently exhausted from dealing with the floods that hit certain parts of Talomo district, the lady Mayor told the team that she did not want

bloodshed. She was even quoted saying, I was in the middle of 13,000 people who were badly in need of assistance and here you are doing this?; d. Mayor Duterte likewise was caught on video scolding a PNP officer who was assisting the Demolition Team for their alleged failure to prevent the riot from happening. The police officer turned out to be PSI Ronald Lim Lao of the Sta. Ana Police Station; e. Mayor Duterte told that as early as Thursday, she asked the court to delay the demolition because the residents were ready to fight back and she knew it would turn bloody. She asked the Demolition Team to stay the execution of the court order for two more hours, but Andres refused; f. Because Sheriff Andres failed to heed her request to wait for at least two hours before the demolition is to be carried out, Mayor Duterte looked for the former. When Sheriff Andres emerged Mayor Duterte said: Dali, sir (Come here, sir). As the Sheriff was approaching, Duterte punched him twice in the face. When he tried to get away, she held him by the nape and continued punching him; g. Mayor Duterte as quoted in the television interviews said that, So pinatawag ko siya, sabi ko ano ba hinihingi... Medyo mainit na talaga ulo ko... Hinihingi ko lang dalawang oras. Ano ba naman ang dalawang oras sa kanila?"; h. Sheriff Andres, after he was able to run away from the lady Mayor, was seen being dragged by one of her bodyguards, PO2 Cabudti, towards Mayor Sara Duterte as the latter was shown pulling the sheriffs hair and continuously talking to him; i. The Mayor then told stunned members of the team and the police not to proceed with the demolition. Ayaw, ayaw (Dont, dont)! she said; j. Sheriff Andres was brought to the hospital by the Mayors bodyguards for treatment; k. Mayor said she did not regret her actions albeit she said sorry to the people and those who have been hurt except to Sheriff Andres and Judge Carpio. According to her, she lost her temper because the Sheriff did not follow her orders. She emphasized that she requested to delay the demolition operations for at least two hours, while she was attending to relief operations for those hit by floods. She had wanted to be personally present at the demolition to prevent violence; and l. The demolition did not push through as Judge Carpio

issued an Order directing to stay the implementation of the Writ of Demolition for ten (10) days. Finally, when Mayor Duterte was queried by the FactFinding Team if she really uttered the statement that she will withdraw all financial assistance accorded by the city government to the judiciary, she said yes although she clarified immediately that she had already said sorry to the courts and its employees and declared that their allowances will continue. COL. DIONICIO ABUDE The interview with Col. Doinicio Abude was conducted around 4 to 5 p.m. of July 5, 2011 at Police Regional Office 11, Davao City Police Office, Camp Captain Domingo E. Leonor, San Pedro Street, Davao City. Col. Dionicio Abude who started his current assignment at the City Public Safety Company in Camp Captain Domingo E. Leonor on August 17, 2011, was the lead officer of fifty (50) Uniformed Police Officers of Davao City Police Office, who, together with thirty (30) Police Officers of Sta. Ana Police Officers led by Captain Lao, were part of the peace-keeping force requested by Atty. Emmanuel Galicia Jr., Counsel for Davao Enterprises Corporation relative to the implementation of the Writ of Execution and the Writ of Demolition issued by the Regional Trial Court, 11th Judicial Region, Branch 16, Davao City. The copy of the letter, with attachments, of Atty. Emmanuel Galicia Jr. is hereto attached for ready reference (Annex B). Col. Dionicio Abude recounted the July 1, 2011 incidents as follows: a. At around 6:30 a.m., Col. Dionicio Abude conducted a briefing with the fifty (50) Uniformed Police Officers who were assigned to assist the Courts Sheriff in implementing the Writ of Demolition issued by the Regional Trial Court, 11th Judicial Region, Branch 16, Davao City. Per his recollection, he specifically instructed all the Police Officers under his command to exercise maximum tolerance in the site of the demolition; b. At around 8:30 a.m., Col. Abudes team went to the site and coordinated with Captain Lao and the Sheriff regarding the Writ of Demolition. Thirty minutes after their arrival, Rey Rigor, Davao City Housing Officer, approached him and conveyed the request of Mayor Duterte for a two-hour extension or until she arrives at the site of the demolition; c. At around 9:00 a.m., Col. Dionicio Abude was able to talk to the Mayor who again reiterated her request for a two-hour extension. He expressed to the Mayor that as per reply of Sheriff Andres, the demolition can only be delayed/stalled if there is an instruction from Judge Carpio, otherwise, the Sheriff has no other alternative but to proceed with the demolition;

d. At around 9:30 to 9:45 a.m., Sheriff Andres instructed a team of engineers to conduct a mapping/tagging in order to properly determine which affected areas/houses are to be demolished and which areas/houses should not be demolished; e. After the mapping/tagging of affected areas/houses and sensing that the demolition is about to ensue, the residents started throwing stones and bottles at the demolition team as well as the peace-keeping forces of the PNP. As a result of the commotion/turmoil, Col. Dionicio Abude ordered the demolition team as well as the PNP personnel to move back to ease the tension; f. Later or at around 10:00 to 10:30 a.m., Mayor Duterte arrived at the site and Col. Dionicio Abude approached and noticed that the Mayor was scolding Captain Lao for the PNPs failure to maintain peace and order and to heed her request to delay or stall the demolition for two hours or until she arrives at the site. Col. Dionicio Abude explained to Mayor Duterte that the PNP was there to assist the Demolition Team as a peace-keeping force and that it was a judgment call of Sheriff Andres to grant or deny the Mayors request. He even explained to the Mayor that a police officer was hit by a sling arrow; g. After that brief conversation, Mayor Duterte instructed Col. Dionicio Abude and Captain Lao to ensure the safety of everybody and then proceeded to look for Sheriff Andres; h. Col. Dionicio Abude recounted that, he was not able to witness the incident between the Mayor and Sheriff Andres considering that he was attending to the duty of ensuring the peace and order in the area, not to mention that there were lots of individuals blocking his sight when the said incident took place. Col. Dionicio Abude narrated to the Investigating Team that he learned of the punching incident only after Sheriff Andres took off from the area; and i. Col. Dionicio Abude recalled around late in the afternoon, that he received information that the demolition will not push through because of an Order issued by the Regional Trial Court, 11th Judicial Region, Branch 16, Davao City suspending the implementation of the Writ of Demolition. SHERIFF SERGIO LEONARDO J. TUPAS Sheriff Sergio Leonardo Tupas is the current President of the Sheriffs Confederation of the Philippines, Region 11 Chapter. He refused to issue a sworn statement but agreed to the taking of his statements vis--vis certain questions. Sheriff Tupas made the following statements/ declarations:

a. After the incident of July 1, 2011, he met with Sheriff Andres and discussed post-incident matters with his colleague including the possibility of filing charges against Mayor Duterte; b. Sheriff Tupas said that Sheriff Andres at first was inclined to press charges against the Mayor. It was their agreement on July 2, 2011 that both of them will proceed to Manila on July 4, 2011 to meet with Members of the National Board of their association and for Sheriff Andres to execute an affidavit necessary for the charges that he was supposed to make against Mayor Duterte; c. The situation changed on Monday, July 4, 2011, because instead of going to Manila, Sheriff Andres filed a leave of absence and the planned trip and meeting with their colleagues did not push through. Sheriff Tupas, however, observed that the change of heart on the part of Sheriff Andres happened after he was able to talk to an elder brother who is a Judge of the MTCC in Davao City. Sheriff Tupas also claimed that his colleague fears for his life and safety including that of his own family; and d. As for the official stand of the Sheriffs Confederation of the Philippines in Davao, he said that his group strongly condemns what Mayor Duterte had done to a Court Sheriff. The head Sheriff noted that the outburst of Mayor Duterte was not justified and that as a local chief executive she should always be composed and properly restrained. He clarified though that the Sheriffs Confederation has no official stand yet on whether charges should be filed but it is their consensus, according to Sheriff Tupas, that proper actions should be taken against the lady Mayor of Davao City. When asked what the Sheriffs group will do or is planning to do if Sheriff Andres will not or refuses to pursue any legal action against Mayor Duterte, the SCOPHIL said that it will pursue proper legal action. Sheriff Tupas stated that the July 1, 2011 incident does not only involve a violation of the rights of Sheriff Andres, considering the aggression committed by Mayor Duterte. More than anything else, the SCOPHIL feels that the integrity of the Courts was jeopardized, considering that sheriffs are officers of the Court. Finally, Sheriff Tupas mentioned during the interview that even if Sheriff Andres shuns away from filing the proper complaint, SCOPHIL can still institute the necessary charges against Mayor Duterte and those who might be responsible in the incident that transpired on July 1, 2011.

SHERIFF ABE ANDRES Sheriff Andres is the Branch Sheriff of the Regional Trial Court, Branch 16, Davao City, under Judge Emmanuel Carpio, when the subject incident of this fact-finding took place. He was implementing a Writ of Demolition issued by Branch 16 in the morning of July 1, 2011 in Soliman, Agdao, Davao City, when Mayor Sara Duterte-Carpio arrived at the place of the demolition. It took the DILG Investigating Committee some time before they were able to get hold of Sheriff Andres. The Sheriff was reluctant at first to submit to the fact-finding inquiry but nonetheless yielded to it upon the persuasion of the Investigating Committee and Sheriff Tupas. Sheriff Andres felt that there is no need for him to issue a Sworn Statement as he has provided the Committee with a copy of the Sheriffs Report dated July 4, 2011, which according to him was the same report that he submitted to Judge Carpio. The Copy of the Sheriffs Report is appended in this Fact-Finding Report (Annex C). The Sheriff also answered some questions that were asked by the members of the Investigating Team. Pursuant, therefore, to the foregoing methodology, Sheriff Andres mentioned the following factual matters: a. On June 23, 2011, he personally served copies of the Writ of Demolition of even date together with Notices to vacate the subject property within three (3) working days from notice to Defendant Edgardo Robledo, et al.; b. On June 26, 2011, Plaintiffs counsel in the ejectment case asked Sheriff Andres to schedule the demolition on July 1, 2011, at eight in the morning and in view thereof, the demolition was scheduled on the said time and date in coordination with the Davao City Police Office; c. On July 1, 2011, Sheriff Andres, the Demolition Team, the PNP Assisting Team and the Plaintiff and his counsel gathered at the Sta. Ana Police Station where he informed all of them that he requested a geodetic engineer for the survey and marking of the area needed in the demolition. The group arrived at the site of the demolition at around 8:30 a.m. ; d. Upon arrival at the area, Sheriff Andres requested the cooperation of those who were affected by the Writ of Demolition issued by the court. At around 8:40 a.m., the occupants of the area agreed that the geodetic engineer will conduct a survey and marking and as a result, they allowed Engineer Julius Irvin Perez, Barangay Captain Pavo and some PNP officers headed by PSI Lao to go inside the area; e. At this juncture, a staff member of City hall informed Sheriff Andres that Mayor Duterte is requesting to have the demolition started at 11:00 a.m.;

f. Sheriff Andres told the staff to ask Judge Carpio to advise him because he was only performing a ministerial duty and that the representative of the Plaintiff refused to grant the same; g. At around 9:30, Engr. Perez, Punong Barangay Pavo and PSI Lao came out of the area and informed Sheriff Andres that the occupants wanted to defer the survey and implementation; h. At around 9:40, the occupants started throwing stones and hitting the Demolition and Assisting Team with deadly arrows). A police officer was hit by a deadly arrow prompting the police to take actions on those who threw stones and used deadly arrows; i. Sheriff Andres said that there was no demolition yet conducted when the incidents (riot) took place. In effect, the Sheriff noted that the Demolition Team was not able to dismantle or destroy any single house or structure during the scheduled demolition; and j. At around 9:55 a.m., Mayor Sara Duterte arrived and when Sheriff Andres approached her to coordinate with the Mayor, the latter punched him several times causing a black eye and contusion on the Sheriffs face. Sheriff said that the writ of demolition was not implemented because of the incident. When the DILG Investigating Team asked Sheriff Andres whether he will press charges against Mayor Duterte, he replied he will not. He emphasized that the decision not to file a case was the consensus of the family especially so that his elder brother who is a judge of the MTCC in Davao told him that whatever will be imposed against the Mayor will not make him happy. When asked for the incident that happened after he was repeatedly punched by the Mayor, the Sheriff said that he was brought to the Southern Philippines Medical Center for treatment (SPMC) by Mayor Dutertes bodyguards. He further said that while it was recommended that he be admitted, he refused and just requested for prescription. When finally he was asked whether Mayor Duterte paid the hospital expenses, Sheriff Andres said that he doesnt know about it although he remembered that a group known as LINGAP shouldered his medical bills. PO2 DENNIS RODERICK R. CABUDTI PO2 DENNIS RODERICK R. CABUDTI is a member of the Philippine National Police and one of the close-in security aides of Mayor Sara Duterte. He was the same police officer caught on video footages grabbing Sheriff Abe Andres by the hand and head and dragging him to the Mayor where the Sheriffs hair was seen being pulled by Mayor Duterte. PO2 Cabudti during the fact-

finding, appeared with his lawyers (same set of lawyers who accompanied Mayor Duterte) and committed himself to submit a Sworn Statement which the Investigating Team received on July 7, 2011 via facsimile copy, copy of the Affidavit dated July 7, 2011, is hereto appended (Annex D). PO2 Cabudtis declarations in his Affidavit dwelled on his being with Mayor Duterte as early as 8:00 a.m. in different places. He claimed that he was with Mayor Duterte when the lady local chief executive was in evacuation centers of flood victims in the different areas of Talomo District distributing foodstuffs. He also said that he was in the same company when Mayor Duterte arrived in the area of demolition between 9 to 10 a.m. PO2 Cabudti noted that when they arrived in the area, he saw throwing of stones, bottles and others and this incident stopped when Mayor Duterte arrived. Thereafter, he learned that Mayor Duterte was looking for somebody when a man, who turned out to be Sheriff Andres, approached her and subsequently was hit by the Mayor. The police officer noted that he tried to stop Mayor Duterte but was unsuccessful because there were plenty of people standing in between them. Outside his Affidavit, the Investigating Team asked PO2 Cabudti questions. When asked if he was present and was able to hear Mayor Duterte scolding the PNP Assisting Team notably PSI Lao, PO2 Cabudti replied that he saw PSI Lao when they arrived in the area but he did not hear him being scolded by the Mayor. When asked, after being referred to a footage showing him near PSI Lao in that actual moment that the head of the Sta. Ana Police Station was being chided, if he heard this moment, PO2 responded affirmatively. When queried about the use of excessive force in restraining Sheriff Andres after the sheriff ran away from the initial advances of Mayor Duterte, PO2 denied this allegation. He said that Mayor Duterte instructed him to call the sheriff because she wanted to talk to him and so he called and approached the sheriff. After doing so, PO2 Cabudti held the sheriffs left hand with his own left hand, placed his right hand on the sheriffs shoulder and brought him to the Mayor. PO2 Cabudti said that he was very cautious that Sheriff Andres might react and could have hurt other people. It was only when he thought that there will be no adverse reaction from the sheriff that he loosened up his hold on Sheriff Andres. Thereafter, he heard Mayor Duterte saying that the sheriff be brought to the hospital. D. FINDINGS AND RECOMMENDATIONS: After evaluation, established, viz: the following factual matters were duly

a. Prior to the July 1, 2011 incident involving Mayor Sara Duterte-Carpio of Davao City and a Court Sheriff, different areas

of Talomo District, that city, particularly the areas of Balusong and Barangay Matina Pangi were submerged in floodwaters due to heavy rains and flashfloods that hit at least five barangays of Davao City in the late evening of June 28, 2011 to the early morning of June 29, 2011; b. As a result, many residents of the affected area were rendered homeless and at least thirty (30) people were reported dead. According to a June 29, 2011 report of the City Social Services and Development Office, at least 12,410 families were displaced due to floods and the overflowing of the Matina Pangi River. Furthermore, a state of calamity was declared in the affected barangays. The relief works needed and rehabilitation services required in the area have caused extended hours of work for Mayor Duterte since late evening of June 28, 2011. Even during the time of the subject incident of this report, Mayor Duterte was preoccupied with attending to the victims and damages of the flood crisis; c. Barely has this problem been addressed by the city government, another concern confronted the city leadership when occupants of a piece of property in Agdao, Davao City, were placed on the verge of their houses being demolished because of a Writ of Demolition issued by Judge Carpio of Branch 16, Regional Trial Court; d. The Sheriff in-charge of the execution and demolition was Sheriff Abe Andres who served the Writ of Demolition and the Notice to Vacate to the parties on June 23, 2011. The order was supposed to be carried out on June 29, 2011 but deferred anew to July 1, 2011; e. On July 1, 2011, Sheriff Andres proceeded with the enforcement of the writ but was requested by Mayor Duterte to grant her a two (2) hour reprieve as she would like to talk to the residents first to avoid riots, injuries or even deaths which normally happen in violent demolitions; f. Sheriff Andres did not accede to the Mayors request. When Mayor Duterte got information that the demolition has commenced, a visibly upset Mayor, at that time preoccupied with the ongoing rescue and recovery operations due to the flood crisis, proceeded to Agdao with her security escorts and was met by the ongoing riots; g. Mayor Duterte scolded the PNP assisting the Demolition Team for its failure to prevent the riots. After she was told that the Sheriff proceeded with the demolition, Mayor Duterte looked for Sheriff Andres and slowly beckoned him to approach her; h. When Sheriff Andres approached Mayor Duterte, she punched the sheriff repeatedly causing him to stomp away. Mayor Duterte asked her escorts to look for the sheriff and upon this instruction, PO2 Cabudti ran after Sheriff Andres. He caught Sheriff Andres, and holding him on his left hand and placing his right hand over the shoulder of the court officer, he brought him

before the Mayor where the latter was seen holding Sheriff Andres by his hair; i. Sheriff Andres was brought to the hospital by Mayor Dutertes 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 Branch 16 issued a Suspension Order for ten (10) days after the residents involved, through counsel, at 2:15 of July 1, 2011, filed an Urgent Motion for Deferment of Proceedings on Ground of Judicial Courtesy in Accordance with Rule 65, Section 7, second paragraph, as amended by S.C. A.M. No. 07-7-12, 2007; k. As a result, no houses or structures from the affected residents in Barangay Soliman, Agdao, Davao City were dismantled, destroyed or torn down. This particular fact was further validated by an ocular inspection of the place and watching a video footage by the Investigating Team as well as from the statements of Sheriff Andres and PSI Lao; l. Mayor Sara Duterte admitted on media interview (GMA News 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 that she will be terminating all the assistance the local government is extending to the Davao City Hall of Justice but backtracked when she apologized to court employees and those who were affected by the unfortunate incident; and n. Finally, on July 11, 2011, Branch 16, of the Regional Trial Court of Davao City, issued an Order setting aside the Order dated June 21, 2011 relative to the order for the issuance of a Writ of Demolition and the ensuing Writ of Demolition, a copy of the Order is 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 the following: a. Probable cause exists to file an administrative case for Misconduct against Mayor Sara Duterte-Carpio. b. The administrative culpability of Mayor Duterte for Misconduct could proceed from her acts of intervening in the implementation of a Court Order by a Court Sheriff. 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 elements of misconduct --- the intent to violate the law or disregard of established rule must be manifest (Baylon v. Factfinding Intelligence Bureau, G.R. No. 150870, December 11, 2002) --- pervade in this case. Mayor Duterte, therefore, could be

administratively indicted, with the reported violation committed while she was in the performance of her functions as local chief executive of the city. This level understands Mayor Dutertes attempt to help her constituents avoid bloodshed or prevent sustaining injuries to them by delaying enforcing the Court Order for at least two (2) hours. But punching the Court Sheriff was neither an acceptable nor the only option then obtaining. She could have achieved the same purpose by directing the policemen to temporarily stop or discontinue the demolition meantime that she was settling the matter. She could have summoned and confronted the sheriff and plead her case for the affected families without taking the law in her own hands. She could have talked to the Plaintiff for her to be given the requested grace period or she could have still exhausted remaining or possible legal remedies that will stay the demolition, temporarily or otherwise. When Mayor Duterte did not venture in any of these options, probable cause has existed for her to be indicted for Misconduct. c. Moreover, beyond these basic legalities, 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. They 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. (Section 4, RA 6713) Notwithstanding the mitigating circumstances and her noble intentions as previously discussed, Mayor Dutertes actions clearly did not measure up to these particular standards of public service. d. Significantly, the administrative case to prosper needs a formal complaint. Reports from newspapers and media have shown that the July 1, 2011 incident in Davao City prompted the Sheriffs Confederation of the Philippines (SCOPHIL) to file an administrative case for Grave Misconduct and a criminal case for Direct Assault against Mayor Sara Duterte-Carpio before the Ombudsman (Annex F). However, the filing of the administrative case with the Graft Body has now precluded the filing of another complaint arising from the same incident of July 1, 2011 before the 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 the Ombudsman has concurrent jurisdiction with disciplining authorities under the Local Government Code so that the filing of the administrative complaint in one forum prevents the other from acquiring jurisdiction in such case. e. As for PO2 Dennis Roderick R. Cabudti, while he said during the fact-finding that he merely followed the order of Mayor

Duterte to bring Sheriff Andres to where she was standing, we still find his actions justifiable at this point. We likewise find the allegations in his Affidavit, particularly paragraph five thereof, acceptable although the Investigating Team finds his manner of heeding the Mayors order cavalier. We, therefore, recommend that he be investigated by the PNP using its administrative procedures to 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 riot in Barangay Soliman between the residents and the Team erupted, we do not see any criminal or administrative culpability in their actions as it appeared in video footages that the residents initiated the throwing of stones, bottles and other objects. If ever it was shown that they advanced forward with covered shields into the direction of Barangay Soliman, it was clear in video footages, news reports and in interviews that they did not exercise excessive force in gaining entry inside area. g. As for the applicability of the thirty (30) day notice rule before a demolition under the law could take place pursuant to Section 28 of R.A. 7279 or the Urban Development and Housing Act of 1992, the same should have been factored in the case by the Court. The Court should have taken cognizance that the affected families are mostly urban poor dwellers and that the thirty day notice rule should have been applied. Should this have been duly considered, there is high likelihood that the subject incident of this report would have been averted. But any issue on this requirement has now been rendered moot by the July 11, 2011 Order of Hon. Judge Emmanuel Carpio when he recalled his Order for the issuance of the Writ of Demolition and the ensuing Writ of Demolition. h. 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. i. Apart from the legal requirement of complying with the thirty day notice rule that the Court should have duly considered, the Court could have also taken into consideration the extraordinary external circumstances that surrounded the subject demolition. The City was yet in the process of recovering from a flood crisis and deferring the implementation of the Writ of Demolition, for humanitarian considerations, could have gone a long way in not further exacerbating the already problematic situation in the area; j. The repercussion of the July 1, 2011 incident in Davao City has prompted this Department to recommend the following processes in demolitions caused by a court order, in order to avoid a repetition of such incident, such as: j.1. The local government unit (LGU) where a planned demolition is to take place should endeavor to know if all

existing laws, rules and conditions on demolition and eviction are followed before any actual act of demolition is carried out by the Sheriff or any officer of the Court; j.2. If in the affirmative, the LGU concerned should cause proper coordination with the Court and the parties in the case and the Courts Sheriff before the demolition should proceed to acquire an understanding of the nature of the process, the procedures involved and compliance by all the stakeholders with all existing laws and applicable rules on demolition; j.3. If any violation or non-compliance with existing laws and regulations is established such as absence of the thirty-day notice rule, failure to address adequate consultations, using heavy equipment for demolition, etc., the demolition must be held in abeyance pending full compliance with such established rules; j.4. If the conditions, laws or rules for a valid demolition are complied with and the planned demolition pushes through, the LGU should engage with the Court or the Court Sheriff so that a reasonable period of time can be obtained by the Local Chief Executive (LCE) or any of his representative in the area of demolition to supervise and monitor the needs of the people during the demolition proper including talking to them and convincing the people to submit to a faithful compliance with the Order of the Court; j.5. In the event that demolition becomes violent, the LCE may call proper police assistance to suppress the violence even if this would mean staying the demolition in the meantime; and j.6. The LCE should attempt to come up with an executive order or directive incorporating the foregoing suggestions as part of his power to enforce all laws and ordinances relative to the governance of the LGU. k. It is also worth stating that certain requirements under R.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 thirty days prior to the date of demolition; k.2. Adequate consultations on the matter of resettlement with the people to be resettled and the affected communities in the areas where they are to be relocated; k.3. Presence of local government officials or their representatives during demolition; k.4. Proper identification of all persons taking part in the demolition;

k.5. Execution of demolition only during regular office hours from Mondays to Fridays and during good weather, unless the affected families consent otherwise; k.6. No use of heavy equipment for demolition except for permanent structures; k.7. Proper uniforms for members of the PNP who shall occupy the first line of enforcement and observe proper disturbance control procedures; and k.8. Provisions on temporary or permanent. adequate relocation, whether

This Department, however, emphasizes that compliance with the foregoing requirements as safety nets under the UDHA applies only in demolitions made pursuant to a court order involving underprivileged and homeless citizens as defined under Sec. 3, par. (t) of R.A. 7279. l. Although under normal circumstances, the Department is the Investigating Authority in cases involving elected local officials under the Disciplinary Authority of the President, in this case, it is our view that this Department could institute the filing of the proper administrative complaint against Mayor Sara DuterteCarpio, if no party will or have filed an administrative case. As the agency exercising the power of general supervision over cities, with its function to see to it that local elective officials act within their prescribed powers and functions, this Department could file the administrative complaint against Mayor Duterte-Carpio with the Office of the President. This is precisely why the Office of the President in Administrative Order No. 23 is given authority to constitute another agency or body as its Investigating Authority. Considering, however, that a similar administrative complaint against Mayor Duterte-Carpio has already been instituted by the SCOPHIL, the DILG is now precluded from filing its own administrative complaint for this will violate the principle of forumshopping. m. Finally, in view of the findings and recommendations of the DILG Investigating Team, the Department will convey its proposals to and work with the Office of the Supreme Court Administrator in so far as our recommendations are concerned with the end in view that the untoward incident last July 1, 2011 in Davao City can be avoided in future demolitions. Most respectfully submitted.

JESSE M. ROBREDO Secretary