THE office of the Davao City mayor shall be declared vacant if former president Rodrigo “Rody” Duterte fails to take his oath of office as the city’s mayor, the Department of Interior and Local Government (DILG) said yesterday in a position paper.
In the position paper that was posted on the DILG website, Interior undersecretary for external, legal and legislative affairs Romeo Benitez said that if the vacancy occurs, the vice mayor will assume as the new local chief executive or mayor.
The 80-year-old Duterte won as Davao City mayor in the May 12 elections despite his arrest and subsequent detention in the Netherlands on charges of crimes against humanity filed before the International Criminal Court (ICC).
His son, outgoing Davao City mayor Sebastian Duterte, won as the city’s vice mayor.
Last May 26, Interior Secretary Juanito Victor “Jonvic” Remulla said he will ask the ICC to allow the Philippine consul to see Duterte and administer the latter’s oath of office.
Five days later, Vice President Sara Duterte said her father has already discussed with his lawyers about his oath-taking as city mayor.
The vice president, who visited her father at his detention center, said the former president wants to be set free so he can take his oath.
“With regard to the ability or inability of FPRRD (former president Rodrigo Roa Duterte) to take an oath of office, the Department is of the view that these two scenarios lead to distinct legal consequences,” said Benitez.
The first scenario is Duterte will be able to take his oath but his detention will render him “physically and legally temporarily incapable of performing his duties and functions as mayor.”
“In such instance, Section 46 of the Local Government code provides that the vice mayor shall automatically assume as acting mayor,” said Benitez.
If the vice mayor assumes as the acting mayor, the most highest ranking Sangguniang Bayan member shall consequently be designated by the DILG secretary as the acting vice mayor.
“On the other hand, if FPRRD is unable to take his oath of office, Section 11 of Batas Blg (Bilang) 881 or the Omnibus Election Code may set in motion,” said Benitez, referring to the second scenario.
“The said provision states that the office of any elected official who fails to take his oath of office within six month from his proclamation shall be considered vacant, unless the official is able to show that his failure is for a cause beyond his control,” added Benitez.
If the permanent vacancy occurs, Benitez said this will lead to the assumption of the vice mayor as the new local chief executive and the highest ranking Sangguniang member taking over as the new vice mayor, pursuant to Section 44 of the Local Government Code.
“The DILG shall recognize the validity of the oath of office administered to a public official, including FPRRD, so long as it complies with Philippine constitutional and legal requirements,” he said.
“We shall monitor the developments and act accordingly,” he added.
