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Filipino Times
21 hours ago
- Politics
- Filipino Times
Baste Duterte to serve as acting Davao City mayor
Vice Mayor Sebastian 'Baste' Duterte will assume the role of acting mayor of Davao City following the failure of his father, former President Rodrigo Duterte, to take his oath of office. The elder Duterte, who won the mayoral election in May by a landslide with over 662,000 votes, remains in detention at the International Criminal Court (ICC) in The Hague. The Department of the Interior and Local Government (DILG) confirmed that the succession is in accordance with Section 46(a) of the Local Government Code, which provides that the vice mayor shall automatically perform the functions of the mayor in cases of temporary incapacity, whether physical or legal. In addition, the DILG designated first-ranked Sangguniang Panlungsod Member Rodrigo Duterte II as acting vice mayor, in line with Administrative Order No. 15, series of 2018, which outlines the rules of succession in local government units. Former President Duterte is currently facing charges of crimes against humanity before the ICC in connection with his administration's anti-drug campaign, which left over 6,000 people dead according to government data.
GMA Network
a day ago
- Politics
- GMA Network
DILG: Baste Duterte is acting Davao City mayor
The Department of the Interior and Local Government (DILG) instructed Davao City Vice Mayor Sebastian 'Baste' Duterte to assume the role of acting mayor as his father, former president Rodrigo Duterte, is still detained in the Netherlands. In a statement, the DILG said Baste will take over as mayor in the city due to the 'temporary legal incapacity' of his father, who was proclaimed mayor-elect in absentia. 'You are hereby enjoined to perform the duties and functions of Mayor of Davao City to prevent paralysis of government operations,' Secretary Jonvic Remulla said in a letter to Baste dated June 30. Citing Section 46(a) of the Local Government Code, the DILG said that in cases of temporary incapacity, whether physical or legal, the vice mayor shall automatically perform the duties and exercise the powers of the mayor. Earlier, the Commission on Elections (COMELEC) confirmed the proclamation of the former president as mayor of Davao City despite his absence. The DILG, meanwhile, also designated first-ranked Sangguniang Panlungsod Member Rodrigo Duterte II as acting vice mayor, pursuant to Administrative Order No. 15, series of 2018. According to the DILG, its action is both legal and necessary to ensure continuity of leadership in Davao City amid ongoing legal proceedings involving the former president before the International Criminal Court (ICC). Philippine authorities on March 11 assisted Interpol in serving a warrant of arrest from the ICC against Duterte for crimes against humanity in connection with his drug war. After his arrest, Duterte was transported to The Hague in the Netherlands. Duterte, on March 13 (Philippine time), entered the Hague Penitentiary Institution, or the Scheveningen Prison. —VAL, GMA Integrated News
GMA Network
2 days ago
- Politics
- GMA Network
Baste Duterte to serve as acting Davao City mayor —Comelec
Vice Mayor Baste Duterte may serve as acting mayor of Davao City amid the detention of former President Rodrigo Duterte in The Hague, Netherlands, the Commission on Elections (Comelec) said Monday. Citing the Local Government Code, poll chief George Erwin Garcia explained the rule of succession applies to cases of elected local officials who are temporarily incapacitated from performing their duties. 'Yes, by operation of the law,' Garcia answered when asked if the elected vice mayor will serve as Davao City's acting mayor. ''Yung mag-assume ng position will be assuming in an acting capacity unless maging permanent incapacity,' he said. Section 46 of the Local Government Code states that 'when the governor, city or municipal mayor, or punong barangay is temporarily incapacitated to perform his duties for physical or legal reasons such as, but not limited to, leave of absence, travel abroad, and suspension from office, the vice-governor, city or municipal vice-mayor, or the highest ranking sangguniang barangay member shall automatically exercise the powers and perform the duties and functions of the local chief executive concerned, except the power to appoint, suspend, or dismiss employees which can only be exercised if the period of temporary incapacity exceeds 30 days'. Meanwhile, Garcia said that upon assumption of office at 12 noon of June 30, local elected officials are now under the jurisdiction of the Department of the Interior and Local Government (DILG). 'Basta naproklama na at wala namang case sa amin na naka-pending, ang jurisdiction ay wala na sa amin. Basta walang kaso sa amin, walang nakapending, wala kaming naging desiyon, naproklama, kaagad ang jurisdiction ay malilipat sa DILG,' he said. (As long as they were proclaimed and have no pending cases before us, the jurisdiction will be under the DILG.) 'Lalo na pagdating ng June 30. So kung sino ngayon ang uupo, sino papaupuin, ano nangyari sa kandidato, yan ay call na ng DILG,' he added. (Come June 30, the DILG will have the say on who will serve and what will happen to the winning local candidates.) Duterte won as Davao City mayor in the recent May midterm elections, garnering 662,630 votes. —LDF, GMA Integrated News
GMA Network
23-06-2025
- Politics
- GMA Network
SC rules 2nd placers can't replace disqualified election winners
The Supreme Court has ruled that candidates who rank second in the elections cannot be proclaimed winner should the candidate that received the majority of votes be disqualified or declared ineligible, saying this undermines the public's choice. In a 37-page ruling, the SC En Banc said the second placer rule has no basis in law, abandoning its previous ruling in Jalosjos Jr. v Comelec that the rule should be limited to situations where the certificate of candidacy of the first placer was valid at the time of the filing. However, the SC noted that the Court in Jalosjos also did not provide any legal basis for declaring the second placer upon the disqualification or ineligibility of the winning candidate. 'No law authorizes the proclamation of the second placer in the elections in case the candidate who received the most votes is disqualified or turned out to be ineligible,' the SC said. 'The second placer rule undermines the people's choice in every election and is repugnant to the people's constitutional right to suffrage. The Court cannot impose upon the electorate to accept as their representative, the candidate whom they did not choose in the elections,' it added. According to the High Court, the rules on succession under the Local Government Code shall apply in all cases. '[A] permanent vacancy results from a local elective official's disqualification from office regardless of the proceedings involved,' the SC said. The SC issued this as it dismissed the petition of a candidate against a ruling of the Comelec that canceled his certificate of candidacy for Sultan Kudarat governor in the 2022 elections due to false material representation. Comelec chairperson George Garcia declined to comment, saying the decision is not yet final. However, he said they are now looking into the possible filing of a motion for reconsideration. "Since the decision is not yet final, we will reserve in the meantime our comment. But we are now studying the possibility of filing an MR," Garcia said in a message to reporters. The ruling, penned by Associate Justice Samuel Gaerlan, was promulgated in April 2025 and made public in June 2025. —AOL, GMA Integrated News
GMA Network
07-06-2025
- Politics
- GMA Network
Ombudsman asks CA to quash TRO on Gwen Garcia suspension
Ombudsman Samuel Martires has asked the Court of Appeals (CA) to quash the temporary restraining order (TRO) on the preventive suspension his office has meted against outgoing Cebu Governor Gwen Garcia. In a motion filed May 30 but furnished to GMA Integrated News on Saturday, Martires told the CA that the preventive suspension has already been implemented on April 29. The CA issued the TRO on May 15. 'But this Honorable Court closed its eyes to this very basic doctrine that 'when the acts sought to be prevented by the injunction or prohibition have already been performed or completed prior to the filing of the injunction suit, nothing more can be enjoined or restrained… the court by mere issuance of the writ, can no longer stop or undo the act,' Martires said in the motion. On April 29, the Ombudsman suspended Garcia for six months without pay over alleged grave abuse of authority for illegally granting a special permit to a construction company. But Garcia continued to defy the order and obtained a TRO from the CA. The Ombudsman refuted the basis for the TRO saying 'the implementation of this preventive suspension order will impede public service strains credulity. To be sure, petitioner Garcia's suspension will not disrupt the delivery of public services to the people of Cebu.' Martires also said that the prohibition on imposing suspension on government officials during the election period does not apply to the Ombudsman. 'It is a power directly conferred by the Constitution upon the .. Ombudsman, and the exercise of such power is unqualified and not subject to the vagaries of Congress or opinion of government officials… the Local Government Code and the Omnibus Election Code cannot supersede the constitutionally entrenched powers of the Ombudsman' he said. Martires further added that allowing the TRO to remain in effect sets a dangerous precedent. '… it (allows) petitioner Garcia to sidestep the preventive suspension sends a troubling message: that legitimate grievances and complaints of graft and corruption, properly brought before the Ombudsman, can be nullified by a provisional remedy issued in contravention of established rules and jurisprudence… it (erodes) the Ombudsman's prosecutorial and investigative powers,' he said. GMA News Online contacted Garcia for comment but has yet to receive a reply as of posting time. —with a report from Jamil Santos/KG, GMA Integrated News
