RODRIGO DUTERTE IN ICC CUSTODY

Davao City Vice Mayor Sebastian “Baste” Duterte has automatically assumed the role of acting mayor of Davao City. This development comes as his father, former President Rodrigo Duterte, remains detained at the International Criminal Court (ICC) in The Hague, Netherlands.

The Commission on Elections (Comelec) and the Department of the Interior and Local Government (DILG) confirmed on Monday, June 30, that this succession is by operation of law, citing the Local Government Code. Comelec Chairman George Erwin Garcia explained that the rule of succession applies to elected local officials who are temporarily incapacitated from performing their duties. “The person who will assume the position will be assuming in an acting capacity, unless this incapacity becomes permanent incapacity,” Garcia stated.

Section 46 of the Local Government Code mandates that when a city mayor is temporarily incapacitated due to physical or legal reasons—such as a leave of absence, travel abroad, or suspension—the city vice-mayor automatically exercises the powers and duties of the local chief executive. However, the power to appoint, suspend, or dismiss employees can only be exercised if the temporary incapacity exceeds 30 days.

Interior Secretary Jonvic Remulla affirmed that Baste Duterte’s assumption of the acting mayoral role requires no further process and that the DILG will formally inform him of his new duties. Remulla also noted that the Dutertes’ party, Hugpong ng Tawong Lungsod, will need to nominate a temporary councilor, as the top-ranking councilor will step up to become acting vice mayor.

Former President Rodrigo Duterte was arrested and taken to the ICC in March over charges of crimes against humanity. At the time, he was a candidate for Davao City mayor. Despite his detention, his name remained on the ballot, and he was proclaimed mayor-elect by the Davao City Board of Canvassers on May 13.

However, for Rodrigo Duterte to officially assume office, he must take an oath. There has been legal debate regarding whether he can take his oath abroad, particularly while detained. Remulla stated that these arrangements are being worked out. “As per the situation in Davao, we have asked the DFA (Department of Foreign Affairs) to communicate with the ICC to allow FPPRD (former president Rodrigo Roa Duterte) to take his oath in front of the Philippine consul,” Remulla said. Based on the election code, Duterte has a six-month window to take his oath, after which the vacancy would become permanent.