Even while detained at The Hague, former President Rodrigo Duterte could still take his oath as Davao City mayor, according to Senate President Chiz Escudero.
Duterte won the Davao mayoral race by a wide margin, securing 662,630 votes against his closest rival, Karlo Nograles. However, his detention at the International Criminal Court (ICC) has raised questions about his ability to assume office.
During a press conference on Thursday, Escudero explained that Duterte has the option to take his oath remotely, even from his ICC detention cell. He clarified that the process could be facilitated through a consular visit.
“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,” Escudero stated.
The Senate President emphasized that Duterte would not need to leave the ICC facility or travel to an embassy or consulate to take his oath. Instead, consular officials could administer the oath within the detention facility, provided that the ICC permits it.
If Duterte remains detained beyond his scheduled return to Davao, Vice Mayor Baste Duterte, his son, would serve as acting mayor. However, Baste’s authority would be limited. According to the Local Government Code, an acting mayor cannot appoint, suspend, or dismiss employees unless the temporary incapacity of the mayor exceeds 30 working days.
Commission on Elections (Comelec) Chairman George Garcia previously affirmed that Duterte’s proclamation as Davao City mayor would proceed unless a legal order is issued to halt it. He noted that a complaint had been filed regarding Duterte’s proclamation, but it does not affect the official process at this time.
Duterte has been in ICC custody since March 12, following his arrest at the Ninoy Aquino International Airport. He faces charges as an “indirect co-perpetrator” of crimes against humanity, specifically murder, under the Roman Statute. The accusations link him to the deaths of dozens of alleged drug offenders and criminals between 2011 and 2019, during his time as Davao mayor and Philippine president.
The former president’s pre-trial hearing is set for September 23, 2025. If the charges are confirmed, it could lead to a full trial that may take years before a final verdict is reached.
