ICC Conviction and Eligibility for Public Office
A conviction from the International Criminal Court (ICC) does not automatically prevent former President and now Davao City Mayor-elect Rodrigo Duterte from running for public office. Senate President Francis “Chiz” Escudero clarified this when asked about Duterte’s recent mayoral victory despite being detained in The Hague on crimes against humanity charges before the ICC.
Escudero explained, “I don’t think that’s part of the penalties that can be imposed… But I don’t think it has any right to impose that penalty dahil hindi naman sila bahagi ng ating korte (because it is not part of Philippine courts).” He added, “Ang alam ko nakalagay ‘yon (perpetual disqualification) sa batas sa Pilipinas for certain crimes. Hindi ako familiar na may ganoong klaseng penalty imposable ‘yong ICC noong binasa ko ‘yong Rome Statute. So, kahit ma-convict siya hindi automatic ‘yon.”
In essence, Philippine law includes perpetual disqualification for certain offenses, but the ICC’s Rome Statute does not impose the same penalty. Therefore, even if Duterte is convicted by the ICC, that does not automatically bar him from holding public office under Philippine law.
Taking the Oath of Office Amid ICC Detention
Despite Duterte’s detention in The Hague, Escudero noted that the mayor-elect could still take his oath of office. This could be done either through the Philippine consular office in the Netherlands or by a consular official visiting Duterte inside Scheveningen Prison.
He explained, “Puwede siyang puntahan at puwede siyang mapanumpa sa harap ng ating embassy at consular officials kung hihilingin niya. Dahil ang consular visit ay puwede lamang kapag hiniling ng nasasakdal o akusado. Hindi siya puwedeng puwersahang puntahan kung saan siya naka-detina kung ayaw niya. Karapatan niya ‘yon, sang-ayon sa rules ng The Hague.” This means Duterte has the right to request a consular visit for his oath-taking but cannot be forced to accept it.
Public Office Functions During Detention
If Duterte cannot return to perform his duties, the vice mayor may assume the mayor’s responsibilities under the Local Government Code. Meanwhile, the Commission on Elections stated that the Department of the Interior and Local Government will determine who will fulfill the functions of the Davao City mayor during Duterte’s detention.
Following a decisive win, Duterte secured 662,630 votes in the mayoral race, as proclaimed by the local Board of Canvassers.
Background on Arrest and Legal Situation
Rodrigo Duterte was arrested in the Philippines on March 11 following an ICC-issued warrant. He is currently held in Scheveningen Prison in The Hague, facing charges related to alleged crimes against humanity tied to his administration’s war on drugs.
His daughter, the Vice President, mentioned that legal counsel are actively discussing their next steps should he maintain his electoral victory.
For more updates on international criminal court conviction, visit Filipinokami.com.