THE DEPARTMENT of the Interior and Local Government Secretary Jonvic Remulla has formally directed Vice Mayor Sebastian Duterte to assume the role of acting mayor following the legal incapacity of former President Rodrigo Roa Duterte (FPRRD), who was proclaimed mayor-elect in absentia.
The DILG order is grounded in Section 46(a) of the Local Government Code, which clearly states 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.
“You are hereby enjoined to perform the duties and functions of Mayor of Davao City to prevent paralysis of government operations,” Remulla said in a letter dated June 30 addressed to Vice Mayor Duterte.
On Monday afternoon, Davao City Interior and Local Government (DILG) director Vicky Salcena confirmed the development to TIMES in a phone interview.
“Based on the law, if the elected mayor cannot take his oath, the vice mayor will be the acting Mayor,” Salcena stated.
The younger Duterte had already taken his oath as vice mayor last Friday, June 27, during the inaugural ceremony for newly elected officials.
He was accompanied by his sister, Vice President Sara Duterte, and their mother, Elizabeth Zimmerman.
The Commission on Elections (Comelec) earlier confirmed the proclamation of FPRRD as mayor of Davao City despite his absence, citing prevailing legal issues that hinder his assumption of office.
In response, the DILG moved decisively to uphold uninterrupted service delivery and local governance in one of the country’s key cities.
In accordance with the same succession framework, the Department also designated the topnotcher councilor in the mid-term elections, Rodrigo Duterte II, as acting vice mayor.
This is pursuant to Administrative Order No. 15, series of 2018, which outlines the rules for temporarily filling vacancies in local elective offices.
The DILG underscores that the 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.