“Electing a mayor detained for alleged crimes against humanity mocks accountability”
RODRIGO Duterte, former Philippine president and Davao’s political titan, is defying logic and law.
Detained in The Hague on International Criminal Court charges for crimes against humanity, he’s running for an eighth term as Davao City mayor in the May 12, 2025, elections.
If he wins, he’d be proclaimed in absentia, with son Sebastian as acting mayor and grandson Rodrigo II poised to secure the family’s dynasty.
This legally feasible but ethically dubious plan exposes gaping holes in Philippine law, the Duterte dynasty’s chokehold, and democracy’s fragility.
Here’s a sharp dissection of the legal, practical, and moral mess.
Can Duterte stage a mayor’s coup from prison?
Philippine law bends to accommodate Duterte’s gambit.
The Omnibus Election Code (BP 881) allows proclamation in absentia, as confirmed by Comelec Chair George Garcia.
Section 231 mandates swift winner announcements, with no bar on absent candidates. Gloria Arroyo’s 2013 congressional win while under hospital arrest proves detention, absent conviction, doesn’t disqualify. Duterte, not yet convicted by the ICC, clears this hurdle.
To assume office, Duterte must take the oath, per Section 43 of the Local Government Code (RA 7160). Executive Order 292 permits oaths by authorized officials, like embassy staff, anywhere.
Former Justice Secretary Silvestre Bello says Duterte can swear “anywhere with ICC notice,” a view echoed by Dean Antonio Arellano.
The Supreme Court’s People v. Jalosjos (G.R. 132875, 2000) supports this: detention doesn’t void duties if formalities are met. Duterte could oath-take via video or at the Philippine Embassy, ICC permitting.
If Duterte swears in but can’t govern, Section 46(b) of RA 7160 kicks in:
Vice Mayor Sebastian becomes acting mayor for temporary incapacity. Casimiro v. Rood (G.R. 204579, 2014) clarifies succession ensures continuity. If Sebastian steps up, top councilor Rodrigo II acts as vice mayor.
The Dutertes have scripted a legal handover to keep power familial. The law enables this, but legitimacy falters.
Governing from a cage
Running Davao from The Hague is a logistical nightmare.
ICC detention restricts communication and access to governance tools.
The Local Government Code demands active leadership: budgets, policies, public engagement (Sections 17, 444).
Can Duterte sign ordinances from a cell? Will the ICC allow Zoom council meetings? The Department of Interior and Local Government has no protocol for this.
Oath-taking, though legally possible, hinges on ICC cooperation.
Unlike Arroyo’s domestic detention, Duterte’s international status—complicated by the Philippines’ 2019 ICC withdrawal—adds diplomatic hurdles.
The ICC’s Rome Statute prioritizes detainee rights but doesn’t envision mayors governing remotely.
Sebastian’s acting mayoralty mitigates some issues but raises others.
His unopposed 2019 and 2022 runs show a machine crushing competition.
Elevating Rodrigo II, a 27-year-old novice, as top councilor reeks of nepotism.
With Duterte’s ICC case—next hearing Sept. 23, 2025—potentially lasting years, Davao faces administrative paralysis under a shadow mayor.
Dynastic grip, democratic decay
The Dutertes’ 34-year reign over Davao since 1988 is dynastic dominance unchecked.
The 1987 Constitution’s anti-dynasty clause (Article II, Section 26) lacks enabling laws (Miranda v. Abaya, G.R. 136353, 2001).
Five Dutertes running in 2025 turn Davao into a family fiefdom, not a democracy.
Ethically, Duterte’s bid flouts RA 6713’s call for integrity.
Electing a mayor detained for alleged crimes against humanity mocks accountability.
Jalosjos warned public office isn’t a personal entitlement.
Duterte’s proxy governance via Sebastian undermines democratic legitimacy—voters elect a mayor, not a figurehead. Tarpaulins tying the election to “saving VP Sara” frame it as loyalty, not policy.
Fixing the fiasco
This saga demands reform:
Pass anti-dynasty laws for Article II, Section 26 to curb familial monopolies.
Amend RA 7160 to declare vacancies for officials detained abroad beyond six months.
Update RA 6713 to bar candidates facing serious international charges.
Revise the Omnibus Election Code to assess detained candidates’ governance feasibility.
Legal farce, democratic shame
Duterte’s bid is legally sound but democratically deplorable.
The Omnibus Election Code, Local Government Code, and Administrative Code enable his proclamation, oath, and delegation.
Arroyo’s 2013 win and Jalosjos back this, but ICC restrictions render governance a fantasy. The Duterte dynasty, unchecked by anti-dynasty laws, and ethical breaches under RA 6713 expose a democracy in peril. Davao deserves a mayor in City Hall, not a dynasty ruling by remote.