Rody Duterte won — but can he serve? A legal expert explains
MANILA, Philippines — Detained former President Rodrigo Duterte’s assumption of the mayoral office will depend on the Commission on Elections (Comelec), a legal expert said.
Rodel Taton, dean of the San Sebastian Graduate School of Law, cited the Omnibus Election Code, which states that if an elected official fails or refuses to take their oath of office within six months of being proclaimed, the position shall be considered vacant.
However, there is an exception: if the failure to assume office is due to circumstances beyond the elected official’s control, which they must prove.
“If he can prove that such failure is beyond his control, his oath may be suspended. It is up to the COMELEC to decide if his detention is deemed a cause beyond his control,” Taton, an international law expert, said in a message to Philstar.com.
Duterte is currently detained at the International Criminal Court (ICC) facility in the Netherlands. He was arrested on March 11, 2025, over alleged crimes against humanity linked to drug war killings during his tenure as mayor and president.
He filed his certificate of candidacy in October 2024 and has yet to be convicted, which means he remains eligible to run for mayor of Davao City — a position he held multiple times before becoming president.
Due to his arrest, he was absent from campaign activities in Davao City. On May 10, he was represented by a standee.
On May 12, Vice President Sara Duterte said her father’s lawyers had requested the Commission on Elections (Comelec) to allow him to vote as an absentee voter, a request the poll body allegedly denied.
However, Comelec Chairman George Garcia said the commission did not receive any such request.
When asked whether the ICC would allow the former president to take his oath of office, legal expert Rodel Taton said that would also depend on the tribunal.
“Note that he is currently outside the jurisdiction of the Philippines. In the ICC, He is only being charged of the crime and not yet convicted. It is up for the tribunal to decide if they will allow him to take oath albeit online,” Taton said.
“He will not be violating any law by his assumption to office given that BP Blg. 881 (Omnibus Election Code) disqualifies only those convicted,” he added.
As of 2:12 p.m., with 99.49% of election returns transmitted, Duterte leads with 659,557 votes, ahead of his four opponents.
His son, Sebastian Duterte, is also poised to win as vice mayor with 648,344 votes.
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