Duterte's attack on sheriff 'reasonable' — spokesman

A spokesman of Davao City Mayor Sara Duterte on Tuesday said her assault on a Davao court sheriff two weeks ago during a demolition operation in the city's Agdao district was "reasonable." In an interview with "News to Go" anchor Howie Severino, lawyer Salvador Panelo insisted that sheriff Abe Andres violated provisions of Republic Act 7279, or the Urban Development and Housing Act, when he effected an ejectment order from the Davao Regional Trial Court Branch 16. "Definitely," Panelo said when asked if it was reasonable to physically hurt people when they violate the law. He said Duterte became an instrument to topple the "symbol of an unlawful act." "Kapag hindi mo giniba ang simbolong iyon sa harap niya, hindi titigil ang karahasan." The attack came after Andres refused to grant Duterte's request to delay for two hours the demolition of more than 200 houses so she could personally oversee the operation and ensure peace in the area. At that time, the mayor was busy attending to relief operations to families affected by the floods in the city. Duterte, whose father Rodrigo Duterte, had ruled Davao with an iron fist, went on leave following the incident last July 1. She returned to work on Tuesday. [See report below.]

Panelo said under the Penal Code, a person cannot be held for any criminal liability as long as there are "justifying circumstances." In the case of defending someone's right to property, Panelo said the "requisites" are as follows: "Kailangan may unlawful aggression sa parte nung babanatan ng nagtatanggol. Pangalawa, kailangan reasonable necessity ang pamamaraan ng kanyang ginawa. At pangatlo, ang pagtatangol niya sa kanyang pinagtatanggol ay hindi itinutulak ng paghihiganti or masamang kaisipan or dahil galit siya." Panelo also said Duterte's action was justified because it avoided "evil or injury" and averted "bigger existing danger." "Upang maiwasan ang isang malubhang sakuna ay hindi liable sa batas ang isang tao provided my evil or injury na malaki na existing at ongoing karahasan," he said. But Ruben Almadro, legal counsel and spokesperson for Sheriffs Confederation of the Philippines (Scophil), which filed a complaint against Duterte for the incident, insisted that Andres had not actually "effected" the court order when Duterte repeatedly punched him. Almadro said Andres was initially assessing the boundary covered by the court when Duterte attacked him. "Wala pa talagang demoltion noon," he said. Even if Andres refused to press charges against the Davao City mayor, the Scophil took the initiative to file a complaint of direct assault against Duterte. "Lahat ng sheriff dito nasaktan. Bagaman si Sheriff Andres lang ang sinapak, lahat ay nasaktan. Parang ang kanilang kaluluwa bilang sheriff ay nasaktan. Trabaho nila iyon eh," Almadro said. The Department of Interior and Local Government (DILG) is set to submit to Malacañang the results of its investigation on the mauling incident this week. - KBK, GMA News