Duterte could take oath as Davao mayor from The Hague
Former president Rodrigo Duterte could take his oath as Davao mayor while detained in The Hague, Senate President Chiz Escudero said.
Duterte won the mayoral seat in his bailiwick in a landslide victory over runner-up Karlo Nograles. As of May 15, 2:41 p.m., the former president has 662,630 votes.
At a press conference on Thursday, Escudero said that the re-elected Duterte could still take his oath even when he's thousands of miles away from Philippine soil.
"Mayroon tayong tinatawag kaugnay sa consular commission na consular visit. Pwede siyang puntahan, kung payagan at hihilingin niya, ng ating consular officials para manumpa siya sa harap nila bilang mayor," the Senate President told reporters.
Escudero added that Duterte doesn't necessarily need to get out of his International Criminal Court detention unit or go to the embassy or consulate to take his oath of office.
"Pwede siyang puntahan, pwede siyang mapanumpa sa harap ng isa sa ating embassy o consular officials kung hihilingin niya," he said, emphasizing that the former president must request this.
If Duterte won't be able to return to Davao due to his detention, the local government code states that the vice mayor will exercise the powers and perform the duties of the mayor. However, they will not be able to appoint, suspend, or dismiss employees. They can only do so if the period of temporary incapacity exceeds 30 working days.
In Duterte's case, his son, incumbent Davao City mayor Baste Duterte, could take over.
"For the first 30 days, acting (mayor) lang muna [si Baste]," Escudero said.
On May 12, Commission on Elections chairman George Garcia said that Duterte's proclamation cannot be suspended unless there's an order issued.
"Wala kasi tayong issue ng kahit anong order to suspend proclamation," Garcia said. "Sa atin pong rules, hangga't wala pong order to suspend proclamation, ang isa pong kandidato, kahit na may kaso, ay mapoproklama."
He, however, noted that someone filed a complaint regarding Duterte's would-be proclamation.
Asked what happens if the ICC won't allow Duterte to take his oath of office as mayor, Garcia noted that it's in the hands of the Department of Interior and Local Government, in accordance with the Local Government Code.
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.
