Baste Duterte To Serve As Acting Mayor In Davao City
MANILA, Philippines — Sebastian “Baste” Duterte will serve as the acting mayor of Davao City because his father, former President Rodrigo Duterte, cannot assume office. The elder Duterte is currently detained by the International Criminal Court (ICC) in The Hague, Netherlands, preventing him from taking his oath.
This confirmation came from Commission on Elections (Comelec) Chairman George Erwin Garcia when asked whether the vice mayor-elect steps in as mayor if the winning candidate cannot assume office. “Yes, po, by the operation of the law, by operation of the Local Government Code,” Garcia explained.
Legal Basis for Acting Mayor Succession
Garcia cited the Local Government Code, particularly Section 46, which governs succession when a mayor is temporarily unable to perform duties due to physical or legal reasons. In such cases, the vice mayor assumes the role as acting mayor.
He referenced the Supreme Court ruling in Mangudadatu vs. Comelec, which states that succession applies regardless of disqualification or cancellation after the assumption of office on June 30 at 12:01 a.m. “Those who will assume office will be by succession,” Garcia added.
Comelec’s Jurisdiction and Role
Garcia also clarified that Comelec loses jurisdiction over officials without pending cases before June 30. “As long as they don’t have pending cases before us, and there was a proclamation, the jurisdiction will be transferred to the Department of Interior and Local Government (DILG) on June 30,” he said.
He emphasized that decisions regarding who assumes office and candidate status after proclamation fall under the DILG’s authority.
DILG’s Position on Duterte’s Mayoral Assumption
DILG Undersecretary for External, Legal, and Legislative Affairs Romeo Benitez earlier explained that no law disqualifies former President Duterte from taking his oath despite his detention. However, Benitez pointed out that the detention renders him physically and legally temporarily incapable of performing mayoral duties.
Benitez also noted that the highest-ranking Sangguniang Bayan member would serve as acting vice mayor, according to Administrative Order No. 15, series of 2018.
Election Results and Context
Despite his detention at the ICC for alleged crimes against humanity related to his war on drugs campaign, the former president won the Davao City mayoral race by a large margin, receiving 662,630 votes. Local leaders and election sources confirmed this result.
With Baste Duterte set to serve as acting mayor, the city’s leadership will continue amid the complex legal and political situation surrounding the former president’s detention and electoral victory.
For more news and updates on Davao City mayoral succession, visit Filipinokami.com.