Duterte NEWS

Rody: Court violated UDHA

SOLIDARITY RALLY. Vice mayor Rodrigo Duterte before 15,000 people at the Rizal Park rally in support of Mayor Sara Duterte. photo by MORIE AGUILAR

The Regional Trial Court (RTC) violated the mandatory 30-day reglamentary period before an eviction order is implemented, as mandated by the Urban Development and Housing Act (UDHA), said Davao City Vice Mayor Duterte, a government prosecutor before he joined politics.

Thousands joined a rally Friday last week organized by supporters of Mayor Sara Duterte at the Rizal Park a week after the city’s chief executive punched a court sheriff.

Conservative estimate of the crowd reached 10,000, which is the maximum capacity of the venue—Rizal Park, San Pedro and Bolton streets and the  City Council open ground. Majority were in green, the campaign color of the city mayor..

Vice Mayor Rodrigo Duterte, the mayor’s father, took the stage and swiped at those criticizing his daughter for her attack on the court sheriff.

Republic Act 7279 or the Urban Development and Housing Act of 1992, according to Duterte, specifically mandates for a 30-day grace period before any eviction order will be implemented.

RTC Branch 16 Judge Emmanuel Carpio issued the eviction order on June 21, 2011 for illegal shanties in Soliman, Agdao. The order, under UDHA’s mandate, should have been implemented at the earliest on July 21.

The eviction order was implemented on July 1.

Mayor Sara Duterte had asked sheriff Abe Andres to stay the demolition. The sheriff refused leading Sara ro punch him in the face.

Section 28 of RA 7279 states that “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 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;

(4) Proper identification of all persons taking part in the demolition;

(5) Execution of eviction or demolition only during regular office hours from Mondays to Fridays and during good weather, unless the affected families consent otherwise;

(6) No use of heavy equipment for demolition except for structures that are permanent and of concrete materials;

(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

(8) Adequate relocation, whether temporary or permanent: Provided, however, that in cases of eviction and demolition pursuant to a court order involving underprivileged and homeless citizens, relocation shall be undertaken by the local government unit concerned and the National Housing Authority with the assistance of other government agencies within 45 days from service of notice of final judgment by the court, after which period the said order shall be executed: Provided, further, that should relocation not be possible within the said period, financial assistance in the amount equivalent to the prevailing minimum daily wage multiplied by 60 days shall be extended to the affected families by the local government unit concerned.

SUSPENDED

Court sheriff Abe Andres who was punched in the face by Mayor Sara Duterte was earlier suspended by the Supreme Court for Thousands joined a rally Friday last week organized by supporters of Mayor Sara Duterte at the Rizal Park a week after the city’s chief executive punched a court sheriff.

Conservative estimate of the crowd reached 10,000, which is the maximum capacity of the venue—Rizal Park, San Pedro and Bolton streets and the  City Council open ground. Majority were in green, the campaign color of the city mayor..

Vice Mayor Rodrigo Duterte, the mayor’s father, took the stage and swiped at those criticizing his daughter for her attack on the court sheriff.

SUSPENDED

Executive Judge Isaac Robillo said Abe Andres, the sheriff of the Regional Trial Court Branch 16, was suspended for one year and six months for “repeatedly straying from the regular course observed in the proper implementation of court orders, and for hastily enforcing a writ of replevin/order of seizure on the same day the order of seizure was issued.”

Andres had just returned to work a few months back after serving the long suspension without pay and would then be expected to only follow the orders of a judge. Robillo said this explains Andres’ hesitance to hold the demolition at bay.

NOT FILING A CASE

Court sheriff Abe Andres said he will not file charges against City Mayor Sara Duterte.

I only wanted that everything would be settled, Andres said.

The sheriff also denied he went into hiding after he failed to attend the closed-door meeting ordered by Court Administrator Jose Midas Marquez

I was not hiding. I just want to keep my peace while I’m on leave,” he said.

The sheriff admitted that his family was most affected by the incident.

DEFENDING HER GUARD

Mayor Sara Duterte won’t replace the policeman who was seen in video footages pulling court sheriff Abe Andres towards her during last week’s punching incident.

The Police Regional Office (PRO), said opined that PO3 Dennis Cabudti might have violated police rules and guidelines.

Duterte said she did not give an unlawful order to Cabudti as others may put it.

“No. I will fight for him. He is like a brother to me. I trusted him with my life,” Duterte said. For Duterte, Cabudti was just following her order.

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