Vice Mayor Sebastian “Baste” Duterte could temporarily take over as acting mayor of Davao City following the detention of his father, former President Rodrigo Duterte, in The Hague, the Commission on Elections (Comelec) confirmed Monday.
In a GMA News Online report, Comelec Chairman George Erwin Garcia clarified that the Local Government Code permits automatic succession when a local chief executive is temporarily unable to perform their duties due to legal or physical reasons.
“Yes, by operation of the law,” Garcia said, affirming that the elected vice mayor would assume the mayoral post in an acting capacity.
Garcia added that the role remains temporary “unless maging permanent incapacity,” in accordance with Section 46 of the Code. This section allows a vice mayor to assume executive functions—excluding the power to hire, suspend, or fire employees—when the local chief is unable to serve due to reasons such as detention or foreign travel. However, those HR-related powers may only be exercised if the absence extends beyond 30 days.
Duterte was proclaimed as Davao City mayor after securing a landslide victory in the May 2025 midterm polls, earning over 662,000 votes.
Garcia further emphasized that effective June 30, all newly proclaimed local officials officially fall under the jurisdiction of the Department of the Interior and Local Government (DILG).
“Basta naproklama na at wala namang case sa amin na naka-pending… ang jurisdiction ay malilipat na sa DILG,” Garcia said. “Pagdating ng June 30… yan ay call na ng DILG.”
