Can Rodrigo Duterte work from The Hague as Davao City mayor?
Is it possible for Rodrigo Duterte to work from The Hague and serve as Davao City mayor amid his ICC detention in line with his crimes against humanity case?
Department of Interior and Local Government Sec. Jonvic Remulla, in an ambush interview on May 26, said they recognize Duterte's victory.
"Siya ang idineklara ng Comelec na mayor," he told reporters. "Naproclaim siya... overwhelming mandate. We recognize him as the mayor."
Remulla noted that while Duterte is thousands of miles away from Philippine soil, he cannot do remote work as Davao City mayor.
In any case, however, Duterte may take his oath of office, added Remulla.
"Ang gagawin ko na lang ay magpapaalam ako sa ICC kung pwede pumunta ang consul natin para makapag-oath siya," he said. "Kasi kailangan mag-oath siya to assume office."
The vice mayor, the outgoing mayor and Duterte's son Baste, will be in charge while Duterte is unavailable, according to Remulla.
"In his absence, the vice mayor will be there," he said, "pero ang number one concern namin, makapag-oath siya."
"In his incapacity, na 'di niya kayang magsilbi, ang vice mayor muna ang uupo," Remulla added.
The Local Government Code states that the vice mayor will automatically serve as acting mayor in case the mayor is temporarily incapacitated to perform his duties due to physical or legal reasons. The vice mayor, however, cannot appoint, suspend, or dismiss employees. He can only do so if the mayor's temporary incapacity exceeds 30 working days.
In a press conference on May 15, Senate President Chiz Escudero noted that Duterte may still take his oath through a consular visit.
"Pwede siyang puntahan, kung payagan at hihilingin niya, ng ating consular officials para manumpa siya sa harap nila bilang mayor," Escudero said.
He pointed out that Duterte doesn't necessarily need to get out of his ICC detention unit or go to the embassy or consulate to take his oath of office.
In the midterm elections, Duterte won by a landslide in the Davao City mayoral race with 662,630 votes. His closest rival, his former Cabinet secretary Karlo Nograles, got 80,852 votes. Baste won as vice mayor with 651,356 votes, with independent candidate Bernie Al-ag lagging with 78,893 votes.
Duterte has been at the ICC since March 12.
He was arrested at the Ninoy Aquino International Airport on March 11 following a warrant of arrest issued by the ICC via the International Criminal Police Organization.
He has been accused of being an "indirect co-perpetrator for the crime against humanity of murder pursuant to Article 7 (1)(a) of the Roman Statute."
Specifically, he was allegedly involved in the murder of at least 19 persons reported to be drug pushers or thieves who were killed by members of the Davao Death Squad in various locations in or around Davao City between 2011 and 2016, as well as the murder of at least 24 alleged criminals who were killed by or under the supervision of members of the Philippines law enforcement at various locations in the country between 2016 and 2019 during his term as president.
He could be the first Asian former head of state to be indicted by the ICC.
His pre-trial hearing is on Sept. 23, 2025. If the charges against him are confirmed, it could be months before the case eventually goes on trial, and years before a final judgment is rendered.
