Former Philippine President Rodrigo Duterte has won a landslide mayoral victory in his hometown of Davao, despite being thousands of miles away in detention at the International Criminal Court (ICC) in The Hague. The 80-year-old is facing charges of crimes against humanity related to his brutal war on drugs, which allegedly killed thousands of people, including innocents and bystanders.
Duterte’s lawyer, Nicholas Kaufman, said the “overwhelming” support for his client shows the public’s “total rejection” of the national government’s attempt to undermine his legacy. “Any swearing-in ceremony would be dictated by and conform to the law of the Republic of the Philippines,” Kaufman added.
However, experts say Duterte faces a complicated legal battle over whether he can take the oath of office while in detention. According to Joel Butuyan, an ICC-accredited lawyer, Duterte would need to take the oath in the presence of a Philippine ambassador or consul in The Hague, which seems unlikely.
“I don’t think he’s going to be allowed to get out just to take office because it’s not in the enumerated rights of an accused person in the ICC,” Butuyan said. If the ICC grants Duterte permission, the oath will be recognized in the Philippines, but he won’t be able to perform his functions as mayor due to his detention.
Possible Scenarios
- Proxy or Video Call: Duterte could potentially be sworn in by proxy or via video call, but only if the ICC allows it.
- Sebastian Duterte Takes Over: If Rodrigo Duterte isn’t allowed to take the oath, his youngest son, Sebastian, who was elected as vice mayor, could assume the role.
- Karlo Nograles Becomes Mayor: If the senior Duterte isn’t allowed to take the oath, the role of mayor could fall to election runner-up Karlo Nograles, sparking a separate legal challenge from the Dutertes.
The Implications
Political analyst Ramon Beleno said voters saw this election as Duterte’s “last hurrah” and cast their ballot as a final tribute to the aging former strongman leader. However, with Duterte’s detention, the people of Davao may not get the mayor they voted for.
“It’s not ideal at all,” Butuyan said. “It does not serve the interests of the people of Davao that they voted for someone who will not be able to perform his functions as a city mayor.”
Duterte’s daughter, Vice President Sara Duterte-Carpio, said her father’s ICC lawyer and Philippine legal team are discussing how he can take the oath. The outcome remains uncertain, with the ICC set to decide on the matter.