DAVAO CITY (MindaNews/June 30) — Vice Mayor Sebastian “Baste” Duterte officially assumes the role of acting mayor of Davao City starting 12:01 p.m. Monday, in lieu of mayor-elect Rodrigo Roa Duterte, the Department of the Interior and Local Government (DILG) here said. 

“Today, wala man naka-take oath si (Rodrigo Duterte)… So effective 12:01 noon, Sebastian Duterte, the vice-mayor, will be the acting mayor,” Vicky Sarcena, DILG director for Davao City field operation, said. 

The mayor-elect is presently detained at the The Hague in the Netherlands to  charges of alleged crimes against humanity before the International Criminal Court. Duterte faced the ICC on March 14 and is scheduled to appear during the confirmation of charges on September 23. 

The Duterte patriarch was proclaimed winner by the Commission on Elections (Comelec) on May 13, a day after the elections which he won by a landslide.  But he has not taken his oath of office and has not submitted his Statement of Contributions and Expenditures (SOCE).

Unlike other cities where Monday’s flag ceremony also served as the inaugural rites for the new administration, Monday’s flag ceremony was like any other ordinary Monday. 

Neither the Acting Mayor nor number one councilor, Rodrigo Duterte II, was present. 

The flag ceremony was led by department heads from several city offices, including the City Transport and Traffic Management Office, City Planning and Development Office, City Disaster Risk Reduction and Management Office, Public Safety and Security Office, and City Economic Enterprises.

Sarcena said Rodrigo Duterte II, the highest-ranking city councilor, will serve as the temporary presiding officer of the Sangguniang Panlungsod.

She clarified that he cannot be formally designated as acting vice mayor since Sebastian is the elected Vice Mayor and is only acting as mayor in the absence of Rodrigo Duterte. 

She said if Sebastian Duterte chooses to preside over the City Council session on Tuesday, July 1, it would still be within legal bounds. 

“(Rodrigo II) can preside, but if Baste wants to sit as presiding officer, then they will make a turnover ceremony. Depending on how SP manages it, it could happen,” Sarcena said in Cebuano.

The Department of Interior and Local Government (DILG), in a position paper dated June 3 and signed by lawyer Romeo Benitez, Undersecretary for external, legal, and legislative affairs, said that if a person is unable to take his oath within six months from proclamation, Section 11 of Batas Pambansa Blg. 881 provides that the office will be deemed vacant unless he can show that his failure was due to a cause beyond his control.

“The provision states that the office of any elected official who fails to take his oath within six months from his proclamation will be considered vacant, unless the official is able to show that the cause of his failure  is beyond his control,” the DILG said.

It added that the elected vice mayor will permanently assume the mayoralty, in accordance with Section 44 of the Local Government Unit (LGU) Code of 1991, or the act of succession among local government officials such as governor, vice-governor, mayor, or vice-mayor. 

Six months from the Duterte patriarch’s proclamation is on November 13. (Ian Carl Espinosa/MindaNews)