As I watched Davao Mayor Sarah Duterte's act of punching a Sheriff in front of TV cameras, I cannot help but analyze what could be her possible defenses.
In my personal experience as a lawyer and as a practitioner, I have had a negative experience in dealing with sheriffs, especially in execution of judgments. But that being said, let us deal and analyze the possible defense of the Honorable Mayor Sarah Duterte.
One has to look whether or not the element of "mens rea" is present in the case. By its concept, "mens rea" means criminal intent. I cannot help but observe that before Mayor Duterte punched the Sheriff, she has been talking and pleading to the officers explaining that she wanted to defer the execution of the judgment for two measly hours so that bloodshed among her affected constituents can be minimized. All throughout the conversation, all she had been voicing out (in Davao dialect) is that she wanted to minimize chaos and bloodshed..... an indicia that she had been thinking about the interest of her people. Initially, she had no intention of causing harm or committing a malicious act at all.
Were it not for the insistence that it was the Sheriff's order for the immediate execution that probably made Mayor Duterte desperate to save her people; and so Mayor Duterte had no choice during that time but to punch the Sheriff so that her voice can be heard and to insist on her pleads.
It is my analysis that the element of "mens rea" at that initial moment of pleading to stop the execution should be considered and taken into account. There was no criminal intention to commit an act, therefore, there is no criminal liability.
Mayor Duterte is "a person who acts in the fulfillment of a duty," therefore, her actions should be considered a justifying circumstance under Article 11 No. 5 of the Revised Penal Code.
Reference:
Ombudsman moves to investigate Sarah Duterte
Philippines Female Mayor Punches Out Sheriff
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