Jump to content

Davao City Mayor (Female) punches Sherif


Recommended Posts

Jess Bartone

Exactly, he doesnt need a violent mayor there to try and usurp the power of the court by trying to delay his mandate.

 

A dely would have been prejiducial to the case, and incurred extra costs for the implimentation of the warrant. This could be construed as graft.

this entire post is utter nonsense and insulting to any reader's intelligence !

 

The over intellectualising of a little understood legal system makes no room for the fact that all she wanted was a chance to quell the riot, which she inadvertently did by her actions. Given the positive outcome any decent person should take it on the chin.

Link to post
Share on other sites
  • Replies 180
  • Created
  • Last Reply

Top Posters In This Topic

  • Markham

    26

  • Davolives

    24

  • easy44

    18

  • thebob

    15

Top Posters In This Topic

Davolives

The over intellectualising of a little understood legal system makes no room for the fact that all she wanted was a chance to quell the riot, which she inadvertently did by her actions. Given the positive outcome any decent person should take it on the chin.

 

 

My only disgreement with your post Jesse was that in fact the riot was quelled/averted very much advertently ! And to talk about how the mayor meeting with 25,000 people who had lost all or most of everything that they owned as something that could be delegated to someone handing out boxes is just plain ignorant ! I strongly suggest that some of these posters come to Davao and I will take them down to Matina Pangi and they can experience real misery first hand.

Link to post
Share on other sites
Markham

Mayor Duterte was, in my opinion, fully-justified in her actions. She is nothing like most senior holders of public office, she is a person of the people, the ordinary men and women who live in this city. She does not confine her meetings to those of the privileged monied classes. Since the very bad storm of last Tuesday night - which saw many losing their homes and possessions - she has been at the forefront of the relief effort but she was not, as some would suggest, merely handing-out care packages.

 

The slum clearance of the Barangay Agdao site, owned by a Chinese businessman, had been known about and prior to Tuesday's storm, the Mayor had been working to resettle the 25,000 who were directly affected by the clearance. The Mayor knew the situation would be very tense and she asked the Sheriff for a two-hour delay to the execution of the warrant which it was in his power to grant, so that she could personally visit the site and speak to those directly affected. But the Sheriff refused and order the warrant to be executed immediately. What followed - a riot - was entirely of the Sheriff's making. He could have avoided such a potentially dangerous situation and not placed Police and other public officials' lives at risk had he used his discretion. In fact, the rioting ceased immediately Mayor Duterte arrived. Mae translated the exchange between the Mayor and the Sheriff, broadcast by a local news station, and it seems that the Sheriff was rather disrespectful of the Mayor when she asked him why he hadn't waited for her to arrive. What ensued was borne out of anger and frustration.

 

And there were no bulldozers standing by, no sticks of dynamite laid. That site in Agdao is still standing, no shanty clearance has been done as of now. Therefore the Sheriff could easily have delayed matters since there was no urgency.

 

It is clear that our Mayor has some support amongst her peers - Mayor Rey of Tagum City said on television this evening that he, under similar circumstances to those Duterte faced, he would have acted in exactly the same way. Lawyers groups have also voiced their support for her - apart from one group of trial lawyers in Quezon City who condemned her actions. But importantly she is and continues to be supported by the vast majority of Davao's electorate and they are the people who really matter.

 

Apparently the Sheriff, who is in hiding (why?), has stated he won't press charges against the Mayor himself and failed to attend a meeting with the Sheriffs Confederation of the Philippines to discuss the case.

 

 

 

 

Mak

Link to post
Share on other sites
rainymike

I learned this long ago in my job: you have to do what you believe is right and does the most good for the people. Sometimes, you go out on a limb when you do this especially when the perceived rules are not in the people's best interest. Do what needs to be done. And apologize profusely afterwards for skirting the rules and take the consequences if your butt has to be kicked.

 

The mayor would get my vote, if I could vote.

Link to post
Share on other sites
Davolives

Thank you for your reply, your link was very interesting.

 

I'd like to quote from that ruling-:

 

"When a writ is placed in the hands of a sheriff, it is his duty, in the absence of any instructions to the contrary, to proceed with reasonable celerity and promptness to execute it according to its mandate. However, the prompt implementation of an order of seizure is called for only in instances where there is no question regarding the right of the plaintiff to the property.[38] Where there is such a question, the prudent recourse for Andres is to desist from executing the order and convey the information to his judge and to the plaintiff."

 

The mayor wanted to delay the issue not because of a question "regarding the right of the plaintiff to the property", but because of public order concerns.

 

If he had delayed the implementation on the concerns of the mayor, he would have been open to another case of gross negligence for not proceeding "with reasonable celerity and promptness to execute it according to its mandate".

 

As a lawyer the mayor would have been aware of this.

 

 

 

 

Local city officials were in attendance and the mayor was aware of this as she is accountable of the duties of her staff. She decided to attend to distributing relief goods, the timing of which wasn't critical, instead of attending this important event, the timing of which was mandated by the court.

 

how convenient that you only read the parts of the legislation that suit you !!

Link to post
Share on other sites
thebob

The over intellectualising of a little understood legal system makes no room for the fact that all she wanted was a chance to quell the riot, which she inadvertently did by her actions. Given the positive outcome any decent person should take it on the chin.

 

 

The ends "never" justify the means. I would never condone public violence by one public official on another, whatever the circumstances.

Link to post
Share on other sites
Jess Bartone

The ends "never" justify the means. I would never condone public violence by one public official on another, whatever the circumstances.

 

If I had things all my way or you had things all your way the world would be in big trouble. It is the balancing act of friendly disagreement and opposing views of the larger picture by which the world has somehow blundered its way thus far without all of us being blown up.

Link to post
Share on other sites
Davolives

The ends "never" justify the means. I would never condone public violence by one public official on another, whatever the circumstances.

 

 

The ends "never" justifies the means ? So if I come across someone raping your wife or daughter and I use violence to stop them- then you would tell me that I shouldnt have done it- coz " the end "never" justifies the means ???

 

What a stupid ridiculous post !

Link to post
Share on other sites

Davao sheriff suspended in 2008 for 'undue haste'

MANILA, Philippines - Three years before a punching incident landed him in national headlines, Davao Regional Trial Court Sheriff Abe Andres was already suspended by the Supreme Court for "undue haste" in implementing a court order to seize several motor vehicles.

 

ABS-CBN News.

Link to post
Share on other sites

I know there is also a provision in the Philippine law where during an implementation of a demolishing/evicting squatters, a local city official or its representative has to be present, i just can't recall where i've read it.

 

Maybe in Republic Act No. 7279 - "Urban Development and Housing Act of 1992". Section 28 covers "Eviction and Demolition".

 

In the execution of eviction or demolition orders involving underprivileged and homeless citizens, the following shall be mandatory: (1) Notice upon the effected persons or entities at least thirty (30) days prior to the date of eviction or demolition;

(2) Adequate consultations on the matter of settlement with the duly designated representatives of the families to be resettled and the affected communities in the areas where they are to be relocated;

(3) Presence of local government officials or their representatives during eviction or demolition; ...

 

 

Complete text is at http://www.chanroble...icactno7279.htm

 

 

I should add, where was the PNP during all of this? The law says they should have been there in uniform. I actually happen to like them. They've come through for me on two occasions, once when I was up against not-so-lawful law enforcement.

 

(7) Proper uniforms for members of the Philippine National Police who shall occupy the first line of law enforcement and observe proper disturbance control procedures; and

Edited by Jerome
Link to post
Share on other sites

funny, My mother who never watches the world news managed to see this on T.V. yesterday---

 

So, video has gone onto the international news--- just a few days late

Link to post
Share on other sites
Markham

Davao sheriff suspended in 2008 for 'undue haste'

MANILA, Philippines - Three years before a punching incident landed him in national headlines, Davao Regional Trial Court Sheriff Abe Andres was already suspended by the Supreme Court for "undue haste" in implementing a court order to seize several motor vehicles.

 

ABS-CBN News.

 

Well that was certainly true of this situation too. Had he not been in such a hurry to execute the court ordered slum clearance, there would not have been a riot which resulted in a number of people being injured, including at least one Police Officer. I think he's rather aware of the possibility he could be cited for acting in undue haste - and his "sentence"this time will be somewhat more severe than the 18 months' suspension without pay - which may account for why he isn't filing a case against the good Mayor which might provoke such a citing, tit for tat.

 

I should add, where was the PNP during all of this? The law says they should have been there in uniform. I actually happen to like them. They've come through for me on two occasions, once when I was up against not-so-lawful law enforcement.

 

(7) Proper uniforms for members of the Philippine National Police who shall occupy the first line of law enforcement and observe proper disturbance control procedures; and

The Mayor apparently worked with all agencies including the PNP, once the court had issued the eviction order. There was a Police presence and they were in riot gear. But there were too few of them and too many involved in the civil disturbance, the best they could do was try and hold a line across the street to separate the Sheriff and his men from the rioters. They must have welcomed the Mayor's arrival.

 

 

 

 

Mark

Link to post
Share on other sites
Davolives

funny, My mother who never watches the world news managed to see this on T.V. yesterday---

 

So, video has gone onto the international news--- just a few days late

 

 

Yes, the John Wayne style of justice has always been popular !

Link to post
Share on other sites
easy44

No matter what the law says and no matter whether the sheriff should have waited another two hours or not, no amount of justifying and obfuscating can change the fact that the mayor committed assault. It is really just that simple and obvious for all to see on the video.

Link to post
Share on other sites
Davolives

Mayor ‘Inday Sara’ Duterte praised by ‘Punisher’

DAVAO CITY, Philippines—With a fistful of pride, he must have raised her well.

 

“Inday, don’t apologize,” Vice Mayor Rodrigo Duterte told his daughter, Mayor Sara Duterte, concerning last week’s televised incident where she repeatedly punched a court sheriff carrying out a demolition order at an illegal settlement here.

 

The younger Duterte, who on Saturday announced that she would go on leave on July 7 to face the consequences of her actions, is under investigation by the Department of the Interior and Local Government. A lawyer, the official could also face disciplinary action by the Integrated Bar of the Philippines.

 

But on a local TV program on Sunday, her father declared: “I’m proud of you and I congratulate you.”

 

“Don’t worry about it, Inday,” he said. “I will let you run (for office) again so that you can do it again.”

 

A six-term city mayor before his daughter took his place in 2010, Rodrigo had drawn both praise and criticism for his peace and order drive that supposedly led to a drop in Davao’s crime rate since the late 1990s.

 

Time magazine dubbed him “The Punisher” in a 2002 article, while human rights groups, including Amnesty International, had assailed him for allegedly tolerating extrajudicial killings by the so-called Davao Death Squad.

 

He denied any hand in the killings and blamed gang wars for the deaths, which included those of known drug trade players and other crime suspects.

 

Be happy

 

“If ever you’ll be dismissed, be proud of it because you were on the side of the poor,” Rodrigo said in a message to his daughter.

 

“If you’ll be disbarred, you celebrate and be happy in the thought that you were protecting the rights of the people,” he said.

 

On the program “Gikan sa Masa, Para sa Masa” (From the Masses, For the Masses), the vice mayor said he was speaking not as a father making excuses for his child but as a former mayor who had similar brushes with court officials.

 

He maintained that demolition teams—like the one that descended on Agdao district on Friday—must cooperate with the local government to prevent any violence.

 

The elder Duterte said the eviction order against the slum dwellers might be legal, but the implementing sheriff Abe Andres failed to make the proper coordination with the mayor.

 

In front of news cameras, the 32-year-old mayor then threw four punches at Andres after he reportedly refused to heed her request for a two-hour stay of the demolition order so she could talk first to the settlers.

 

‘Nicaragdao’

 

The urban poor group Kadamay claimed that 10 residents were wounded, including a 12-year-old girl, in the violence that broke out at the site before the mayor arrived.

 

The shantytown is in Barangay Soliman, which also earned the chilling name “Nicaragdao” in the 1980s after urban hitmen from the communist New People’s Army purportedly turned it into their killing field. Later, the area became known as the heartland of the anticommunist militia group Alsa Masa.

 

“Once you implement a court order at all costs, even at the expense of (other people’s) lives, then you are treading on dangerous ground, on illegal ground,” the vice mayor stressed. “If you insist on carrying out eviction orders without considering that people might get killed, that’s insane.”

 

“If somebody got killed, what will happen? Is that still under the jurisdiction of the judge? No, that begins to be a concern of the local government,” he said.

 

“How can it be a direct assault on the judiciary when the mayor was only preventing a massacre from happening?” he said.

 

Vice Mayor Duterte also said the settlers had armed themselves with sharp objects to stop the demolition team, who in turn came with heavily armed escorts, including snipers.

 

He also had words for members of the judiciary: “You judges and sheriffs, look at your education. All demolitions in this country always end up in violent confrontations.”

 

“(The settlers’) only fault is that they are poor. You mean to say you use government resources to wage war on the poor?” he said. “Never mind the rich, they can always buy land.” Reports from Germelina Lacorte and Dennis Jay Santos, Inquirer Mindanao; Inquirer Research

Link to post
Share on other sites
Guest
This topic is now closed to further replies.

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use, Privacy Policy and Guidelines. We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue..

Capture.JPG

I Understand...