Former Philippine President Rodrigo Duterte has clinched a landslide win in his bid to return as mayor of Davao City — but he may not be able to assume office due to his detention thousands of miles away at the International Criminal Court (ICC) in The Hague.
Duterte, 80, swept the local elections in his home city, maintaining his family’s two-decade political dominance. However, the victory is mired in uncertainty. He remains behind bars awaiting trial for alleged crimes against humanity linked to his deadly war on drugs during his presidency.
Under Philippine law, elected officials must take their oath of office within 30 days from July 1. But Duterte’s imprisonment complicates this requirement. Legal experts say he may only be sworn in remotely — perhaps via video call — if the ICC allows it.
Who governs Davao now?
Duterte’s vice mayor-elect, his son Sebastian, may take over if the former president is unable to assume the position. However, if both fail to qualify, the mayoralty could fall to runner-up Karlo Nograles — a longtime Duterte rival.
This possible power shift could trigger legal challenges from the Dutertes, political analyst Ramon Beleno said. He added that voters treated Duterte’s return as a symbolic tribute, despite his legal troubles.
Duterte’s lawyer, Nicholas Kaufman, said any swearing-in must comply with Philippine law. Discussions with the former president’s Filipino legal team are ongoing, he added.
International court still holds jurisdiction
Despite Duterte’s 2019 move to withdraw the Philippines from the ICC, the court retains jurisdiction over alleged crimes committed between 2016 and 2019. The ICC accuses Duterte of overseeing a violent drug crackdown that resulted in thousands of deaths, including those of innocent civilians.
Kaufman has challenged the court’s case, arguing there is no legal basis since the Philippines is no longer a member state.
Legal expert Joel Butuyan said Duterte’s oath would require the presence of a Philippine consul or ambassador in The Hague, which seems unlikely. He also warned that even if the oath is taken, Duterte cannot perform his duties while detained abroad.
Duterte dynasty remains strong despite global scrutiny
All five Duterte family members who ran in the 2025 midterm polls won decisively. Duterte’s sons and grandsons secured key positions, reinforcing the family’s grip on Davao’s political landscape.
Vice President Sara Duterte-Carpio, Duterte’s daughter, said the family is coordinating with legal teams to explore how her father can take office legally and symbolically.
While the Marcos-Duterte political rivalry continues to divide national politics, local support for Duterte in Davao remains fierce. Supporters view his mayoral victory as defiance against both the national government and international justice bodies.
Still, the question remains: can a detained former head of state rule a major Philippine city from a European jail cell?
With legal deadlines looming, the world is watching what happens next in this unprecedented chapter of Philippine politics.
Jaja has a degree in journalism and took classes in international law and business communication. Her career spans roles at prominent international media outlets, including International Business Times, Celebeat and Delightful Philippines. As a news editor, Jaja covered a wide range of beats, including legal, business, economy, cryptocurrency, personal finance, gaming, technology, and entertainment.