On Tuesday, May 13, former President Rodrigo Duterte was declared winner of the Davao City mayoral elections after leading by a wide margin, garnering 659,557 votes while independent candidate Karlo Nograles follows at a measly 80,426. This year marks Duterte’s eighth term as Davao mayor.
But because he is currently detained by the International Criminal Court (ICC) in The Hague, Netherlands, many ask now: what’s next for Duterte?
According to Commission on Election (Comelec) Chairman George Erwin Garcia, a proclamation suspension has not yet been ordered against Duterte. Garcia told reporters on Monday, May 12, that a “case” was filed against Duterte on Saturday, May 10, but Comelec has yet to act on it. “Mukhang hindi pa namin maaaksyunan sa kasalukuyan,” he said. In late April 2025, Garcia also told MindaNews that Duterte may be proclaimed winner in absentia.
Asked what would happen if the ICC prevents Duterte from taking his oath as mayor, Garcia told reporters that it is a concern for the Department of Interior and Local Government (DILG). “Basta maproklama na [ang kandidato], matatapos na ‘yong jurisdiction ng Comelec,” he said on Monday. “At kung uupo ‘yong isang tao, kung siya ay nakapanumpa o hindi, ang DILG — base sa local government code — ang bahala at in charge na sa ganyan.”
Vice President Sara Duterte, daughter of the former mayor, also said on Monday that her family’s camp and ICC lawyers are discussing Duterte’s options for oath-taking.
“Pinag-uusapan pa namin ng mga ICC lawyers kung paano siya [magsisilbi] as a winner of the mayoralty race,” she told reporters. “Actually nung isang araw, may pinag-uusapang tatlong options paano siya maka-take ng oath.” MindaNews reports that the vice president did not say what the three options were.
Garcia and Vice President Duterte also both cited the local government code, which states that in a local executive’s absence, the vice mayor or vice governor shall act in their capacity. In Duterte’s case, his son incumbent Mayor Sebastian “Baste” Duterte may sit as acting mayor, as he is poised to win Davao City’s vice mayoralty with 648,344 votes as of Tuesday, 5:00 p.m.