A person carries a placard with a cutout of a picture of former Philippine President Rodrigo Duterte behind bars, throughout the eightieth birthday of Duterte, who stays in ICC custody for conflict crimes allegations, in Manila, Philippines, March 28, 2025. —Picture by Lisa Marie David | Reuters
MANILA, Philippines — Former President Rodrigo Duterte overwhelmingly gained the Davao Metropolis mayoral race final Might, regardless of being locked away on the Worldwide Legal Courtroom (ICC) in The Hague, the Netherlands.
The ex-leader was arrested and turned over to the worldwide tribunal to face allegations of crimes in opposition to humanity dedicated throughout his administration’s drug conflict, wherein an estimated 12,000 to 30,000 individuals have been killed.
Duterte’s time period as Davao Metropolis mayor is ready to start on June 30, however he’s nonetheless detained on the ICC, awaiting his affirmation of fees listening to on September 23.
Can a jailed Duterte take workplace as mayor?
Here’s what the Division of the Inside and Native Authorities (DILG) says able paper by Undersecretary for Exterior, Authorized and Legislative Affairs Romeo Benitez:
Benitez stated no Philippine legislation disqualifies Duterte from taking his oath of workplace regardless of being detained on the ICC.
Actually, the Structure, the Administrative Code, and the Native Authorities Code require all public officers to take an oath of workplace earlier than assuming duties, the DILG undersecretary pressured.
Additional, in an opportunity interview with reporters in Quezon Metropolis final Might, DILG Secretary Jonvic Remulla stated they acknowledged Duterte’s victory within the Davao Metropolis mayoral race.
READ: Remulla to ask ICC if PH consul might swear in Duterte as Davao mayor
Who can administer Duterte’s oath?
Benitez pointed to Part 41 of the Administrative Code, which supplies that the next officers have the overall authority to manage oaths of workplace:
- president
- vice chairman
- members and secretaries of both home of Congress
- judiciary members
- division secretaries
- provincial governors and vice governors
- metropolis mayors
- municipal mayors
- bureau administrators
- regional administrators
- clerks of courts
- registrars of deeds
- different civilian officers within the public service of the federal government of the Philippines whose appointments are vested within the president and are topic to affirmation by the Fee on Appointments
- all different constitutional officers
- notaries public
- barangay chairpersons
“In administering oaths of workplace, private look is required because the oath must be signed within the presence of the approved official,” Benitez stated.
In Duterte’s case, the closest officers approved to manage the oath of workplace are the Philippine ambassador and consul to the Netherlands, he went on.
“Each [are] appointees of the President and topic to the affirmation of the Fee on Appointments,” he added.
J. Eduardo Malaya is the Philippines’ ambassador to the nation’s embassy within the Hague.
Can the Philippine ambassador and consul administer Duterte’s oath on the ICC?
Benitez cited Article 6 of the Vienna Conference, which states: “A consular officer might, in particular circumstances, with the consent of the receiving State, train his capabilities outdoors his consular district.”
The Vienna Conference is a global settlement on diplomatic and consular relations, to which the Philippines and the Netherlands are events.
“The Division, nonetheless, shall defer to the prevailing guidelines and mechanisms of the Division of Overseas Affairs on this particular authority and the matter of securing ICC permission for stated goal,” Benitez stated.
Remulla beforehand stated the DILG will ask the ICC if the Philippines can ship a consul to manage Duterte’s oath.
READ: ‘Work from Hague’: Duterte wins mayor’s race, however can he govern?
Will Duterte be capable to assume workplace if he takes his oath?
“If [Duterte] is ready to take an oath of workplace, his detention renders him each bodily and legally briefly incapable of performing his duties and capabilities as mayor,” Benitez stated.
He pointed to Part 46 of the Native Authorities Code, which supplies that the vice-mayor will robotically assume the workplace as performing mayor.
On this case, Vice Mayor-elect Sebastian Duterte will take his father’s place in an performing capability.
And who shall be his vice-mayor?
The very best-ranking Sangguniang Bayan member shall be designated by the DILG secretary as performing vice mayor, Benitez stated, citing Administrative Order No. 15 sequence of 2018.
What occurs if Duterte is unable to take his oath?
Benitez pointed to Part 11 of the Batas Pambansa No. 881 or the Omnibus Election Code, which states: “The workplace of any official elected who fails or refuses to take his oath of workplace inside six months from his proclamation shall be thought-about vacant, until stated failure is for a trigger or causes past his management.”
“Having did not qualify, a everlasting emptiness ensues in his workplace calling for the belief of the vice-mayor as the brand new native chief government and the highest-ranking sanggunian member as vice-mayor, pursuant to Part 44 of the Native Authorities Code,” Benitez stated.
“The DILG shall acknowledge the validity of the oath of workplace administered to a public official, together with FPRRD, as long as it complies with Philippine constitutional and authorized necessities. We will monitor the developments and act accordingly,” he added.
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