Detained former President Rodrigo Duterte, who recently won a mayoral comeback in Davao City, may not be able to take his oath of office — even with the option of swearing in before a Philippine consular official inside his detention cell in The Hague, Netherlands.
Lawyer Kristina Conti, assistant to counsel at the International Criminal Court (ICC), explained in an interview Sunday that the official powers of diplomatic or consular representatives are limited. They can administer oaths only within the territorial bounds of their embassy or consular office.
This means Duterte would have to leave his detention cell and appear at the Philippine Embassy in The Hague to take his oath — something the ICC does not allow.
“A consul or diplomatic officer can visit Duterte to discuss his rights and offer assistance, but not to administer an oath,” Conti said. “The problem is that Philippine authorities only have jurisdiction within Philippine territory or consular premises. If you’re in Dutch territory, I don’t know if the oath would be valid.”
ICC-accredited lawyer Joel Butuyan earlier raised similar concerns, asserting that consuls lack the authority to administer oaths outside embassy grounds, which fall outside Philippine jurisdiction.
Currently detained at Scheveningen Prison in The Hague for crimes against humanity linked to his bloody war on drugs, Duterte won the Davao City mayoral race in a landslide. He garnered 662,630 votes, defeating his former Cabinet secretary, Karlo Nograles, who received only 80,852 votes.
Interior Secretary Jonvic Remulla had earlier said he would request permission from the ICC to allow Duterte to take his oath before a Philippine consul at the detention facility.
Vice President Sara Duterte, who returned to The Hague in time for her 47th birthday, said her father’s legal team is already discussing arrangements for the oath-taking.
But Conti dismissed the possibility. While a diplomatic or consular officer may be allowed to visit Duterte in detention, she noted that such access does not extend to performing official state functions like administering an oath of office.
“Will they be allowed to visit him for that purpose? Visitors are very restricted,” she said. “Even Senator Imee Marcos wasn’t allowed to visit him. It’s not a place where anyone can just come and go. Media visits are not allowed, and detainees are barred from doing propaganda.”
Under Section 11 of the Omnibus Election Code, Duterte must take his oath of office within six months of his proclamation as Davao City mayor. Failure to do so — unless due to reasons beyond his control — will render the office vacant.
His youngest son, incumbent Davao City Mayor Sebastian Duterte, is expected to serve as acting mayor in the interim.
The ICC generally does not permit pretrial detainees to leave the detention facility unless they are granted interim release. Duterte’s lead legal counsel, Nicholas Kaufman, previously confirmed that a petition for temporary release is already in the works.
Lawyers representing alleged victims of Duterte’s drug war, however, vowed to oppose any move to free the former president, saying continued detention is necessary to prevent him from posing a threat to victims and witnesses.
The 80-year-old Duterte has been in ICC custody since his arrest on 11 March in Manila. He faces a single count of crimes against humanity over 43 extrajudicial killings committed between 1 November 2011 and 16 March 2019, covering his time as Davao City mayor and later as president.
The ICC maintains jurisdiction over the case, arguing that the alleged crimes occurred while the Philippines was still a party to the Rome Statute, despite the country’s withdrawal in March 2019.
Duterte is expected to remain in The Hague while awaiting confirmation of charges, scheduled for 23 September.