Baste Duterte to Serve as Acting Mayor of Davao City
Sebastian “Baste” Duterte will take on the role of acting mayor of Davao City. This comes as his father, former President Rodrigo Duterte, cannot assume office due to his detention at the International Criminal Court (ICC) in The Hague, Netherlands.
The Commission on Elections (Comelec) Chairman George Erwin Garcia confirmed this arrangement when asked about the vice mayor-elect stepping in if the elected mayor is unable to assume office. “Yes, po, by the operation of the law, by operation of the Local Government Code,” Garcia told reporters.
Legal Basis for Succession
Garcia pointed to the Local Government Code, which sets the guidelines for succession in local government positions. According to Section 46, if a mayor is temporarily unable to perform duties due to physical or legal constraints, the vice mayor automatically serves as acting mayor.
“That’s what the Supreme Court says in the case of Mangudadatu vs. Comelec, regardless of whether it is disqualification or cancellation after the assumption to office by June 30, 12:01, those who will assume office will be by succession,” Garcia added.
Furthermore, Comelec’s authority over elected officials ends if no pending cases remain before June 30. At that point, jurisdiction transfers to the Department of Interior and Local Government (DILG). “Now, on who will assume office, and what will happen to the candidate, that will be the call of DILG,” the Comelec chief explained.
DILG’s Position on Duterte’s Mayoral Role
DILG Undersecretary Romeo Benitez previously stated there is no law preventing the former president from taking his oath despite detention. However, Benitez emphasized that Duterte’s detention physically and legally limits his ability to fulfill mayoral duties.
Benitez also mentioned that the highest-ranking member of the Sangguniang Bayan would assume the role of acting vice mayor, following Administrative Order No. 15, series of 2018.
Election Outcome and Current Status
Despite his detention over allegations related to his war on drugs campaign, the former president secured a sweeping victory in the Davao City mayoral race with 662,630 votes. Local leaders noted the complex situation as Baste Duterte prepares to serve as acting mayor during this unprecedented transition.
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