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Advocates Philippines
DILG To Ask ICC: Can Duterte Be Sworn In As Davao Mayor While In The Hague?
Photo credit: Rodrigo Duterte
Looks like things are about to get even more interesting in Davao City politics.
The Department of the Interior and Local Government (DILG), through Secretary Jonvic Remulla, announced that they’ll be reaching out to the International Criminal Court (ICC) to formally request permission for former President Rodrigo Duterte (FPRRD) to take his oath of office — as Davao City Mayor — while he’s in The Hague.
Duterte, who was recently proclaimed mayor-elect in absentia by the Commission on Elections (COMELEC), is currently facing proceedings before the ICC. But despite that, he technically won the election and needs to be sworn in before officially assuming his post.
“The people of Davao gave him a clear mandate,” Remulla said. “So 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.”
So here’s the plan: the DILG wants a Philippine consul to administer the oath of office — something they are legally allowed to do under existing rules, as long as it aligns with the Constitution and Philippine laws. But of course, getting the go-signal from the ICC is key.
Now, what happens if the ICC says yes and Duterte gets sworn in? Well, there’s still the question of whether he can actually perform the duties of a Mayor while detained. The DILG was clear on this — if he’s unable to carry out his functions due to continued detention, the Vice Mayor will take over, and the highest-ranking councilor will slide into the Acting Vice Mayor role. All in line with the Local Government Code.
But there’s a ticking clock: if Duterte fails to take his oath within six months from his proclamation — and if it can’t be proven that the delay was beyond his control — then the mayoralty seat will be permanently considered vacant. That means the Vice Mayor gets promoted, and the councilor with the highest rank becomes the new Vice Mayor. That’s the law under both the Local Government Code and the Omnibus Election Code.
So, will the ICC let Duterte take his oath in The Hague? And if so, what comes next?
For now, the ball is in the ICC’s court — and all eyes are on how this rare situation plays out.
The Department of the Interior and Local Government (DILG), through Secretary Jonvic Remulla, announced that they’ll be reaching out to the International Criminal Court (ICC) to formally request permission for former President Rodrigo Duterte (FPRRD) to take his oath of office — as Davao City Mayor — while he’s in The Hague.
Duterte, who was recently proclaimed mayor-elect in absentia by the Commission on Elections (COMELEC), is currently facing proceedings before the ICC. But despite that, he technically won the election and needs to be sworn in before officially assuming his post.
“The people of Davao gave him a clear mandate,” Remulla said. “So 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.”
So here’s the plan: the DILG wants a Philippine consul to administer the oath of office — something they are legally allowed to do under existing rules, as long as it aligns with the Constitution and Philippine laws. But of course, getting the go-signal from the ICC is key.
Now, what happens if the ICC says yes and Duterte gets sworn in? Well, there’s still the question of whether he can actually perform the duties of a Mayor while detained. The DILG was clear on this — if he’s unable to carry out his functions due to continued detention, the Vice Mayor will take over, and the highest-ranking councilor will slide into the Acting Vice Mayor role. All in line with the Local Government Code.
But there’s a ticking clock: if Duterte fails to take his oath within six months from his proclamation — and if it can’t be proven that the delay was beyond his control — then the mayoralty seat will be permanently considered vacant. That means the Vice Mayor gets promoted, and the councilor with the highest rank becomes the new Vice Mayor. That’s the law under both the Local Government Code and the Omnibus Election Code.
So, will the ICC let Duterte take his oath in The Hague? And if so, what comes next?
For now, the ball is in the ICC’s court — and all eyes are on how this rare situation plays out.
May 26, 2025
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