CNN
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In a fascinating game of Philippine politics, voters saved former Philippine President Rodrigo Duterte from the mayor’s victory at Davao’s hometown base.
But this latest landslide victory creates a plight for the Philippines. Because mayoral elections are thousands of miles behind bars awaiting trial on charges of crimes against humanity.
Prosecutors at the International Criminal Court of the Hague (ICC) have accused the 80-year-old politician of engaging in a brutal war on drugs that killed many innocent people and possibly thousands of people, including bystanders. He has publicly boasted about the crackdown, but Duterte has long denied accusations of human rights abuses, repeatedly telling foreign courts that he will not take the hotow.
His next hearing will be in September, but before that, experts say he is facing a new, complicated legal battle between the ICC and the Philippine jurisdiction.
Experts say Duterte could only be sworn in a proxy or absence, perhaps through a video call or if the Hague-based court allows it.
If he is allowed to assume the role, he will be asked about how to manage a southern city from a detention center in another time zone.
Under Philippine law, daily obligations could be reduced to his youngest son, Sebastian Duterte, who was elected vice mayor of Davao City.
If senior Duterte is not allowed to take the oath, experts say the mayoral role could fall into election runner-up, Carlonogras, a political dynasty in Nograles, and a longtime Duterte rival in Davao.
Ramon Beleno, a political analyst and former professor at Ateneo de Davao University, said passing work to Nograles could pose another legal challenge from Dutertes.
Duterte remains a powerful yet divisive figure in the Philippines. In Davao, where he served as mayor for more than 20 years before becoming president in 2016, his enthusiastic supporters believe in his iron grip on cities that strengthen law and order.
Duterte’s lawyer, Nicholas Kaufman, was quoted by Philippine news outlet ABS-CBN as saying that “overwhelming” support for Duterte in the 2025 midterm elections had marked the public’s “complete refusal” to “attempt to abolish” the former president’s legacy.
In a reply to CNN, Kaufman said, “The swearing in the ceremony will be determined and complied by the laws of the Republic of the Philippines. Therefore, decisions on this matter will be made in the very near future after being discussed with the former president’s Philippine lawyer.”
Beleno said voters would consider the election as Duterte’s “last Harley” and vote as a final homage to the senior former Strongman leader. He said the only voters were galvanized in Duterte’s arrest.
Support for Duterte was extended to his family, and he re-emerged in the vote with drastic control of their political bases.
The entire five Duterte families who ran in this election were won by a landslide. Duterte’s son Paolo was re-elected to Congress, and two of Paolo’s sons were also awarded public office. Omar won as a councillor in Davao City’s second district, and Rodrigo II, who is nicknamed “Rigo,” was elected as the First District Councilor.
Deputy mayor Sebastian Duterte could become mayor in his father’s absence – not as open as Elder Duterte, and many political responsibilities have already been heavier on him at home, Beleno said.
The main hurdle facing Ruterte is whether he is allowed to swear oaths in his absence in effect despite the landslide mayor’s victory.
According to Joel Butuyan, an ICC certified lawyer and president of the Human Rights NGO Centerlaw, all elected civil servants are to be sworn in within 30 days of their inauguration on July 1st.
Butoyan said Duterte would need to take oaths in front of the Philippine ambassador and consul in The Hague, as he was unable to be sworn at his home.
“I don’t think he will be allowed to come out just for office, as he is not in the listed rights of the defendants (persons) of the ICC,” he said.
If the ICC has given Duterte’s permission, the oath will be granted in the Philippines, but he “cannot perform his functions as he is out of the country and is in custody,” Butuyan said.
“That’s not ideal at all,” Butuyan added about the election results. “The interests of the people of Davao do not help vote for someone who cannot perform his function as mayor.”
The mayor is the face of the city and has administrative tasks such as attending meetings and functions, signing documents, and approving salary. When Duterte sits halfway through the world, everything is difficult to do everything effectively, said political analyst Beleno.
Even before the final vote was issued, Duterte’s daughter, Vice President Sara Duterte Carpio, said she was discussing how her father’s ICC lawyer and the Philippine legal team would take the oath.
“The ICC lawyers said once they receive the declaration paper they will discuss again how former President Rodrigo Duterte will take the oath,” she said.
CNN contacted ICC and Kaufman, the lawyers of Duterte.
In a court filed with the ICC earlier this month, Kaufman said there is no legal basis for the case against Duterte as the Philippines is no longer a member of Roman law.
Duterte has withdrawn the Philippines from the ICC, but under the court’s withdrawal mechanism, it maintains jurisdiction over crimes committed during the period of its membership.
The closely monitored midterm elections were seen as a proxy battle between President Ferdinand Marcos Jr. and Vice President Duterte Carpio.
The Vice President faces a complaint of ammo each in the House of Representatives amid allegations of corruption, which she denies. A two-thirds of the Senate vote is necessary to convict her, take her away from civil servants, and prohibit her from seeking public mail.
Duterte-Carpio needs nine out of 24 senators to vote for her acquittal to take office. And, after the vote in May 2025, neither Marcos nor Dutertes controlled the Senate.
According to Maria Ella Atienza, a professor of political science at the University of the Philippines, the race created a three-way stalemate between Marcos’ registered candidates, politicians allied with Duterte, and liberal figures.
“The Vice President has more breathing chambers now… but she should also be aware of how the public perceives her,” Atienza said. “Her popularity has recovered a bit…but we’ve seen her being able to make mistakes that can affect people’s feelings.”
In reality, the Filipino public is also feeling anxious about the drama of High Place, Atienza said. “They’re tired of Dutertes constantly fighting Marcos,” she said.
For now, political quarrels are shaking. However, Rodrigo Duterte’s base is still standing, and his supporters have long been the day he has been officially declared mayor and returned to serve his home country.
