MANILA, Philippines — Sebastian “Baste” Duterte will temporarily serve as the mayor of Davao City following his father, former President Rodrigo Duterte’s inability to assume office due to his detention at the International Criminal Court (ICC) in The Hague, Netherlands.

Commission on Elections (Comelec) Chairman George Erwin Garcia confirmed on Tuesday that, under the Local Government Code, the vice mayor-elect will automatically assume the role of acting mayor in cases of temporary incapacity of the elected mayor.

“Yes, po, by the operation of the law, by operation of the Local Government Code,” Garcia said in response to questions on succession.

According to Section 46 of the Local Government Code, the vice mayor assumes the position of acting mayor if the sitting mayor is temporarily unable to fulfill duties due to physical or legal impediments.

Garcia also referenced a Supreme Court ruling — Mangudadatu vs. Comelec — which clarified that in such scenarios, succession applies regardless of the reason for the mayor’s incapacity.

“That’s what the Supreme Court says in the case of Mangudadatu vs. Comelec, regardless of whether it is disqualification or cancellation after the assumption to office by June 30, 12:01, those who will assume office will be by succession,” Garcia added.

No Comelec Jurisdiction Post-June 30

The Comelec chief also clarified that elected officials without pending cases before the commission will fall under the jurisdiction of the Department of the Interior and Local Government (DILG) after June 30.

“As long as they don’t have pending cases before us, we have not arrived at a decision, and there was a proclamation, the jurisdiction will be transferred to the DILG (Department of Interior and Local Government) on June 30,” he said.

“Now, on who will assume office, and what will happen to the candidate, that will be the call of DILG,” the Comelec chief said.

DILG: Detention Bars Duterte from Performing Duties

Earlier, DILG Undersecretary for External, Legal, and Legislative Affairs Romeo Benitez stated that there is no law preventing a detained official from taking an oath of office. However, the former president’s current situation renders him both physically and legally unable to carry out the functions of a local chief executive.

Benitez said that if the older Duterte can take an oath of office, “his detention renders him both physically and legally temporarily incapable of performing his duties and functions as mayor.”

Per Administrative Order No. 15 (2018), the highest-ranking member of the Sangguniang Panlungsod will serve as acting vice mayor during the temporary vacancy.

Despite his detention, the elder Duterte won the mayoralty of Davao City by a landslide, receiving 662,630 votes.