• Sheriffs vs. Mayor Sara Duterte

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    paguia
    Why is the nationwide association of sheriffs under the Sheriffs Confederation of the Philippines, Inc. (SCOPHIL), suing lawyer Mayor Sara Duterte-Carpio for disbarment?
    Here is their story.

    1. “On 11 July 2011, SCOPHIL filed with the Office of the Ombudsman a complaint against Davao City Mayor Sara Duterte (‘Mayor Duterte’) for: (a) Direct Assault under Article 148 of the Revised Penal Code; and (b) for Grave Misconduct, in connection with the violent attack on Sheriff Abe Andres (‘Sheriff Andres’) that happened in the morning of 01 July 2011 in Brgy. Soliman, Agdao District, Davao City.”

    2. “Sheriff Andres is a member of SCOPHIL. He is presently assigned to Branch 16 of the Regional Trial Court in Davao City.”

    3. “Mayor Duterte, upon the other hand, is no ordinary Mayor. As the public well knows, she is a lawyer and an eminent member of the bar. She is, therefore, an officer of the court.”

    4. “The violent attack happened while Sheriff Andres was in the performance of his official duties relative to the implementation of the Writ of Demolition dated 22 June 2011 issued by Judge Emmanuel Carpio, the Presiding Judge of RTC Branch 16, in Civil Case No. 33,753-11.”

    5. “Video footages of the incident taken by both the ABS-CBN and GMA 7 TV networks show that Sheriff Andres was summoned by Mayor Duterte to come near her. As he did so, Sheriff Andres was suddenly punched in the face and head by Mayor Duterte four (4) times. The attack happened without any provocation. Sheriff Andres tried to flee but was chased and brought back to Mayor Duterte and her bodyguards. There were many public officers at the scene but not one of them lifted a finger to stop Mayor Duterte and her bodyguards, let alone arrest them, for committing a crime in their presence. The bodyguards of Mayor Duterte have since been identified as PO2 Dennis Cabudti and PO2 Roy Osiones of the Philippine National Police.”

    6. “In the aftermath of the incident, Mayor Duterte has shown no remorse for her violent and unjustified attack on Sheriff Andres. Instead of owning up and apologizing for said violent attack, she even blames Sheriff Andres for allegedly ignoring her request to delay the court-ordered demolition for two (2) hours when, in truth and in fact, she never talked to Sheriff Andres personally but made such request directly with Judge Emmanuel Carpio.

    She has even been quoted as saying she is only answerable to the people of Davao City.

    That might be so, perhaps, in the sense that she was elected by them. But being a local chief executive, she is answerable to the Secretary of the DILG and to the President. And being a lawyer, she owes fealty to the courts, which is her first duty as an officer of the court thereof.”

    The law
    7. Article 19 of the Civil Code expressly provides that: “Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.”

    Comments
    8. Did Mayor Sara, in the performance of her duties, act with justice?

    9. Did she give everyone, especially Sheriff Andres, his due?

    10. Did she observe honesty?

    11. Did she observe good faith?

    12. SCOPHIL filed its complaint for disbarment with the Supreme Court which eventually referred the matter to the Integrated Bar of the Philippines’ (IBP) Commission on Bar Discipline (CBD) for investigation and recommendation.

    13. CBD Commissioner Pablo S. Castillo set the case for mandatory conference on May 23, 2013 at 10:30 a.m. at the 3rd Floor, IBP Building, Do?a Julia Vargas Avenue, Ortigas Center, Pasig City, to take up the matter of admissions, stipulation of facts, and definition of issues.

    14. The incident reportedly happened on July 1, 2011. Concerned citizens naturally ask: How long will “due process” take to do justice to the case?

    Conclusion
    Under the 1987 Philippine Constitution, due process must observe speedy trial and speedy disposition.

    The Filipino people can only hope for the best, without expecting the worst.

    That is the best they can do under prevailing political and DYNASTIC circumstances.

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