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Khaleej Times
21-05-2025
- Politics
- Khaleej Times
Philippines: Can Duterte serve as mayor of Davao while in detention?
Former Philippine president Rodrigo Duterte has been overwhelmingly elected to serve as mayor of his hometown. But there is a big legal and moral dilemma as he is currently detained at the International Criminal Court (ICC) in The Hague over alleged crimes against humanity. In an interview with online news magazine Davao Today, constitutionalist Tony La Viña explained 'there are three steps that Duterte must take before he can officially serve as Davao's mayor.' First, Duterte must be proclaimed the winner of the Davao City election. This has been fulfilled. 'His presence is not required for such a proclamation,' La Viña, who is also a professor of law, noted. Second, which is yet to be done, is the question of where can Duterte take his oath, and who will administer it? La Viña said 'the oath taking must be done on Philippine soil.' This means, Duterte has to take an oath at the Philippine Embassy in the Netherlands and before a government official with authority. 'The official can be the ambassador or any other official – like a barangay captain from Davao or his daughter (Sara), who is vice president,' added La Viña. Now, the question is: Will the ICC or the Marcos government allow Duterte to leave detention and do the oath-taking? La Viña noted 'the Philippine government must agree to this, and the ICC must also allow it. Practically, therefore, the answer is no. Why would President Marcos allow it? And why would the ICC permit it, establishing a negative precedent for other detainees?' Duterte was arrested and brought to The Hague, Netherlands, on March 11 to face the ICC for allegations of crimes against humanity committed during his administration's anti-narcotics campaign. Duterte could become the first Asian former head of state to go on trial at the ICC. Although the Philippines – under Duterte administration – officially withdrew from the international court, the ICC maintains it has jurisdiction to prosecute alleged crimes committed before Duterte withdrew the Philippines from its founding treaty in 2019. Cases include alleged killings by a "death squad" in Davao while Duterte was mayor before he became the president in 2016. The third step for Duterte is to assume office in Davao's City Hall. La Viña told Davao Today even if Duterte succeeds in taking his oath, the third step, which is to assume office in Davao's City Hall, is impossible. 'Even if he does succeed in taking his oath, which he must do in six months after the election, he cannot assume office, as that requires physical presence in Davao City,' said La Viña, who is also a professor of law, philosophy, politics and governance in several universities in the Philippines. La Viña asked: 'How will he sign the papers that signify that he will now assume office? That he will make decisions, like the budget? How can he do that when he is in The Hague'? What happens then? If Duterte will not be able to pass the second and third steps, La Viña said 'it will be the elected vice mayor, who is Duterte's son, Sebastian, who will assume the role of acting mayor. If Duterte will not be able to take his oath within six months after his proclamation, Sebastian will be declared as the mayor of Davao. Following the order of succession in the Philippine local government, the elected city councillor with the highest number of votes in the recent election will assume the vice mayoral post. The top councillor in the election is the neophyte grandson and namesake of Duterte, Rodrigo 'Rigo' II.
South China Morning Post
20-05-2025
- Politics
- South China Morning Post
Philippines' Marcos offers reconciliation with Dutertes – will it work?
President Ferdinand Marcos Jnr has called for reconciliation with Vice-President Sara Duterte-Carpio and her family, despite moves by his administration and political allies to impeach her and send her father to face trial in The Hague – a dramatic shift observers say could reflect either political vulnerability or strategic calculation. Advertisement In a one-on-one interview with broadcaster Anthony Taberna aired on Monday, Marcos was asked directly: 'Mr President, in your heart do you want to reconcile with the Duterte family?' The president replied, 'Yes. Personally, I don't want conflict. I want to get along with everyone. That's better. I already have many enemies and I don't need enemies. I need friends.' His surprising comment came just days after Duterte-Carpio said she welcomed her Senate impeachment trial – initiated by House Speaker Martin Romualdez and Representative Sandro Marcos, the president's cousin and son respectively – saying she looked forward to 'a bloodbath'. Philippine Vice-President Sara Duterte-Carpio (centre) arrives to cast her vote at a polling centre in Davao City on May 12. Her approval rating rose seven percentage points ahead of the midterm election. Photo: AP It followed a string of politically charged developments: the electoral defeat of most of Marcos' senatorial candidates in the May 12 midterms; the March 11 transfer of Duterte-Carpio's father, former president Rodrigo Duterte, to The Hague to face trial for alleged crimes against humanity; and the February 5 vote by the House of Representatives, led by Romualdez, to impeach the vice-president.
South China Morning Post
20-05-2025
- Politics
- South China Morning Post
Philippines' Marcos offers reconciliation with Dutertes – will it work?
President Ferdinand Marcos Jnr has called for reconciliation with Vice-President Sara Duterte-Carpio and her family, despite moves by his administration and political allies to impeach her and send her father to face trial in The Hague – a dramatic shift observers say could reflect either political vulnerability or strategic calculation. Advertisement In a one-on-one interview with broadcaster Anthony Taberna aired on Monday, Marcos was asked directly: 'Mr President, in your heart do you want to reconcile with the Duterte family?' The president replied, 'Yes. Personally, I don't want conflict. I want to get along with everyone. That's better. I already have many enemies and I don't need enemies. I need friends.' His surprising comment came just days after Duterte-Carpio said she welcomed her Senate impeachment trial – initiated by House Speaker Martin Romualdez and Representative Sandro Marcos, the president's cousin and son respectively – saying she looked forward to 'a bloodbath'. Philippine Vice-President Sara Duterte-Carpio (centre) arrives to cast her vote at a polling centre in Davao City on May 12. Her approval rating rose seven percentage points ahead of the midterm election. Photo: AP It followed a string of politically charged developments: the electoral defeat of most of Marcos' senatorial candidates in the May 12 midterms; the March 11 transfer of Duterte-Carpio's father, former president Rodrigo Duterte, to The Hague to face trial for alleged crimes against humanity; and the February 5 vote by the House of Representatives, led by Romualdez, to impeach the vice-president.
RNZ News
18-05-2025
- Politics
- RNZ News
Rodrigo Duterte scores landslide win in local elections - but can he be mayor from The Hague?
Former Philippines President Rodrigo Duterte's has been voted in as mayor of Davao, even though he's in custody awaiting trial for crimes against humanity. Photo: AFP By Kathleen Magramo, CNN In the gripping game of thrones of Philippine politics, voters have delivered former Philippine President Rodrigo Duterte a sweeping mayoral victory in his hometown stronghold of Davao - predictable for a family that has held the job for more than 20 years. But this latest landslide win creates a predicament for the Philippines, as the mayor-elect is thousands of miles away behind bars awaiting trial on charges of crimes against humanity. Prosecutors at the International Criminal Court (ICC) in The Hague accuse the 80-year-old political patriarch of carrying out a brutal war on drugs that killed possibly thousands of people, including many innocents and bystanders. Though he openly boasted about the crackdown, Duterte has long denied accusations of human rights abuses and has repeatedly said he will not kowtow to a foreign court. His next hearing is in September, but before then experts say he faces a new, complicated legal battle between the ICC and Philippine jurisdiction over whether he will be allowed to take the oath of office. Duterte can potentially be sworn in by proxy or in absentia - possibly by a video call, but only if The Hague-based court allows it, experts say. If he's allowed to assume the role, questions will be asked about how he could administer the southern city from a detention centre in another time zone, where he has access to a computer and phone calls to family, but no internet. Under Philippine law, day-to-day duties could fall to his youngest son, Sebastian Duterte, who was elected as vice mayor of Davao City. If the senior Duterte isn't allowed to take the oath, experts say the role of mayor could fall to election runner-up Karlo Nograles, of the Nograles political dynasty, long-time Duterte rivals in Davao, where both families tussle for influence. Ramon Beleno, a political analyst and former professor from Ateneo de Davao University, said handing the job to Nograles could trigger a separate legal challenge from the Dutertes. Duterte remains a powerful yet divisive figure in the Philippines. In Davao City, where he served as mayor for over two decades before becoming president in 2016, fervent supporters credit his iron grip over the city with bolstering law and order. Duterte's lawyer, Nicholas Kaufman, was quoted by Philippine news outlet ABS-CBN as saying the "overwhelming" support for Duterte in the 2025 mid-term elections showed the public's "total rejection" of the national government's "attempt to stamp out" the former president's legacy. In a reply to CNN, Kaufman said "any swearing in ceremony would be dictated by and conform to the law of the Republic of the Philippines". "Accordingly, a decision on this issue will be taken in the very near future after all options have been discussed with the former President's Filipino lawyers." Beleno said voters saw this election as Duterte's "last hurrah" and cast their ballot as a final tribute to the ageing former strongman leader. Duterte's arrest had only galvanised voters, he said. Support for Duterte extended to his family, who re-emerged in the vote with sweeping control of their political stronghold. All five Duterte family members who ran in this election won by a landslide. Duterte's son Paolo was re-elected to congress and two of Paolo's sons also won public office: Omar won as congressman for Davao City's second district and Rodrigo II, who goes by the nickname "Rigo", was elected as first district councillor. Sebastian Duterte, the vice mayor-elect - who could be mayor in his father's absence - is not as outspoken as the elder Duterte and a lot of political responsibilities are already weighing against him at home, Beleno said. The main legal hurdle Duterte faces, despite his landslide mayoral win, is whether he would be allowed to swear the oath during his enforced absence. All elected public officials are supposed to take their oath within 30 days of their supposed assumption of office on 1 July, according to Joel Butuyan, an ICC-accredited lawyer and president of human rights NGO CenterLaw. Unable to be sworn in at home, Duterte would need to take the oath in the presence of a Philippine ambassador or consul in The Hague, which seems unlikely, Butuyan said. "I don't think he's going to be allowed to get out just to take office because it's not in the enumerated rights of an accused (person) in the ICC," he said. If the ICC grants Duterte permission, the oath will be recognised in the Philippines, but he "will not be able to perform his functions because he's out of the country and he's in detention", Butuyan said. "It's not ideal at all," Butuyan added, of the election result. "It does not serve the interests of the people of Davao that they voted for someone who will not be able to perform his functions as a city mayor." The mayor is the face of the city, with administrative tasks such as attending meetings and functions, signing documents and authorising payrolls - all difficult to do effectively if Duterte is sitting halfway across the world, Beleno said. Even before the final votes were cast, Duterte's daughter, Vice President Sara Duterte-Carpio, said that her father's ICC lawyer and Philippine legal team were discussing how he can take the oath. "The ICC lawyer said that once we get proclamation papers, we'll discuss again how former President Rodrigo Duterte can take the oath," she said. CNN has reached out to the ICC and Kaufman, Duterte's legal counsel. In a court filing to the ICC earlier this month, Kaufman said there is no legal basis for the case against Duterte because the Philippines is no longer a member of the Rome Statute. Duterte withdrew the Philippines from the ICC, but under the court's withdrawal mechanism, it keeps jurisdiction over crimes committed during the membership period of a state - in this case, between 2016 and 2019, when the country's pullout became official. The closely watched mid-term election was considered a proxy battle between President Ferdinand Marcos Jr and Vice President Duterte-Carpio as ties disintegrate between the former allies turned enemies. The vice president is facing impeachment complaints in the House of Representatives amid allegations of corruption, which she denies. A two-thirds vote in the Senate is required to convict her, remove her from public office, and ban her from seeking any public post. To stay in office, Duterte-Carpio needs nine of 24 senators to vote for her acquittal. And neither the Marcoses nor the Dutertes dominate the Senate after the May 2025 vote. The race yielded a three-way stalemate between Marcos-endorsed candidates, Duterte-allied politicians, and liberal-leaning figures, said Maria Ela Atienza, a political science professor at the University of the Philippines. "The vice president has more breathing room now - but she should also be careful with how the public perceives her," Atienza said. "Her popularity ratings have recovered a bit, but we have seen she can make mistakes that can affect the sentiments of the people." In reality, the Filipino public is also becoming impatient with the drama in high places, Atienza said. "They're getting tired of having the Dutertes always fighting with the Marcoses," she said. For now, political bickering is in gridlock. But Rodrigo Duterte's stronghold still stands and his supporters long for the day he is officially declared mayor and comes back to serve his home country. - CNN
SBS Australia
14-05-2025
- Politics
- SBS Australia
"Not surprising at all": Davaoeños back Duterte despite Hague Detention
Supporters maintain confidence that the Dutertes will continue their initiatives in Davao City, regardless of the physical absence of their newly elected mayor. The Dutertes dominated the recent local elections in Davao City, securing five positions within the government. Progressive groups, including Bayan Australia and Gabriela Australia, have criticized the continued dominance of the Duterte family in Davao politics saying it seems people are blind to the reality of the political dynasty. SBS Filipino 14/05/2025 09:55 Rodrigo Duterte, 80, clinched the mayoral race despite being detained at the ICC. The former president's victory was met with celebration among his loyal supporters. Bapi, a Davaoeña now residing in Sydney, expressed that she was not surprised by the election outcome, given Davao's long-standing support for the Duterte family. Desiree, a Singaporean who married a Davaoeño and lived in the city for over a decade before migrating to Australia, also shared her admiration for the Duterte family's leadership. She noted that nothing compared to the sense of order she experienced while living in Davao under their administration. However, the continued dominance of the Duterte family in Davao politics has drawn criticism from progressive groups. Bayan Australia spokesperson Raul Diche expressed frustration, claiming that people seem blind to the truth amid the enduring political dynasty. For Ness Gavanzo, Duterte's political resurgence is troubling, especially as the former president remains unaccountable for the thousands of extrajudicial killings linked to his anti-drug campaign. 📢 Where to Catch SBS Filipino
