Former president Rodrigo Duterte just clinched a landslide victory in the Davao City mayoral race, racking up over 659,000 votes as of 5:00 P.M. on May 13, 2025, the day after the midterm polls.
But here’s the million-peso question: Can you actually be named mayor if you’re thousands of miles away, awaiting trial at the International Criminal Court (ICC) in The Hague?
Read: Who are the key players in Rodrigo Duterte's ICC trial?
According to Commission on Elections (COMELEC) Spokesperson Atty. John Rex Laudiangco, Duterte can still be proclaimed the winner, even in absentia, as long as there’s no legal order stopping it.
“Wala po tayo natatanggap na order from any court or [COMELEC] na hindi dapat ma-proclaim. Kung wala kang order of suspension of proclamation at ikaw ang nanalo, ikaw ang ipro-proclaim. Ganon ka-simple ‘yun,” Laudiangco said on May 13.
Under Philippine law, Duterte was legally allowed to run for office since he hasn’t been convicted in any local court.
As for the public proclamation ceremony? Laudiango said Duterte doesn’t necessarily need to be there in person, as it is more ceremonial than anything.
“We don’t need the presence of the willing candidate para matuloy yung proclamation.”
His daughter, Vice President Sara Duterte, says his legal team is currently exploring ways to administer the oath remotely. They have a month and a half until June 30 to work it out.
"Yun ay pinag-uusapan namin ng kaniyang ICC lawyer at ng kaniyang Philippine lawyer kung paano siya maka-oath as winner ng mayor contest dito sa Davao City,” Sara Duterte told reporters after polling precincts opened on May 12.
"Sabi ng lawyer sa ICC, once we get proclamation papers, pag-uusapan namin ulit kung paano makapag oath si dating pangulong Rodrigo Duterte."
Once the election results are made official, this will mark Duterte’s eighth term as mayor.
He had previously served as Davao chief from February 1988 to June 1998; July 2001 to June 2010; and then from July 2013 to June 2016.
Read: Honeylet and Kitty arrive in The Hague to visit Rodrigo Duterte
How will Rodrigo Duterte run Davao from the ICC?
Duterte's mayoral duties will likely fall on his son, outgoing Davao Mayor Sebastian “Baste” Duterte, who won the vice mayoral seat this election also by a landslide.
According to the Local Government Code, the vice mayor automatically steps in as acting mayor when the sitting mayor is absent or incapacitated.
“Winning vice mayor will become acting mayor [until] the winning mayor is able to assume duties,” Department of the Interior and Local Government (DILG) Secretary Jonvic Remulla told Rappler.
Even Sara Duterte concedes that an acting mayor is unavoidable for now: “Wala namang legal questions diyan dahil covered yan ng Local Government Code. Kapag wala ang mayor, automatic ang vice mayor ang magiging acting mayor.”
Meanwhile, the ICC has scheduled a hearing on September 23 for the confirmation of charges against Rodrigo Duterte in connection with alleged crimes against humanity for his war on drugs.
He has been held at The Hague since March 12, following his March 11 arrest at the Ninoy Aquino International Airport (NAIA).
Read: EXPLAINER: What is ICC and why is it handling the Duterte case?
Ed's note: This article was originally published in Spot.ph.