(May 26, 2025) – The Department of the Interior and Local Government (DILG) on Monday confirmed it will first consult the International Criminal Court (ICC) before allowing former president Rodrigo Duterte to take his oath as mayor of Davao City at The Hague in The Netherlands.
Interior Sec. Jonvic Remulla said the DILG respects Duterte’s electoral mandate but stressed an official oath is necessary before he can assume office.
“Ang gagawin ko na lang ay magpapaalam ako sa ICC kung puwedeng pumunta ang consul natin para makapag-oath siya kasi kailangang mag-oath siya to assume office,” said Remulla in a statement.
Duterte was proclaimed mayor “in absentia” by the Commission on Elections (COMELEC) after securing a landslide victory in the midterm elections, garnering over 662,000 votes against rival Karlo Nograles’ 80,000. However, since he is currently detained in The Hague on charges of crimes against humanity, he has been unable to return to the Philippines to take his oath.
The DILG earlier said it would honor Duterte’s oath as long as it complies with the 1987 Constitution and existing laws. Under Philippine law, oaths of office can be administered by ambassadors and consuls — presidential appointees confirmed by the Commission on Appointments.
But what happens if Duterte remains detained?
According to Remulla, if Duterte manages to take his oath but remains imprisoned, he would be “physically and legally incapable” of performing his duties as mayor. In that case, the vice mayor would automatically take over as mayor, and the highest-ranking city councilor would become acting vice mayor, based on Section 46 of the Local Government Code.
“We recognize the victory of former president (Duterte). Siya ang dineclare ng COMELEC na mayor. Na-proclaim siya a day after elections. Overwhelming mandate,” added Remulla.
However, if Duterte fails to take his oath within six months of proclamation — and cannot show that the delay was due to reasons beyond his control — the mayoralty will be considered permanently vacant.
The vice mayor will then be installed as mayor, while the top city councilor moves up to vice mayor, as provided by Section 44 of the Local Government Code and Section 11 of the Omnibus Election Code.
Duterte was arrested in March over alleged crimes against humanity tied to his controversial war on drugs, which human rights groups claim left as many as 30,000 people dead.
(JREC)
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