Escudero: ICC conviction can't stop Duterte from running for public office

A conviction from the International Criminal Court (ICC) would not outright prohibit former President and now Davao City Mayor-elect Rodrigo Duterte from running for public office.

Senate President Francis "Chiz" Escudero made the remark when asked about Duterte's latest win as mayor of Davao City despite being detained in The Hague for crimes against humanity charges before the ICC.

"I don't think that's part of the penalties that can be imposed… But I don't think it has any right to impose that penalty dahil hindi naman sila bahagi ng ating korte (because it is not part of Philippine courts)," Escudero, a lawyer, said during the Kapihan sa Senado.

"Ang alam ko nakalagay 'yon (perpetual disqualification) sa batas sa Pilipinas for certain crimes. Hindi ako familiar na may ganoong klaseng penalty imposable 'yong ICC noong binasa ko 'yong Rome Statute. So, kahit ma-convict siya hindi automatic 'yon," he added.

(I understand that provisions on perpetual disqualification are stated in Philippine law for certain crimes. I'm not familiar if there is the same penalty that's imposable for ICC cases under the Rome Statute. So even if he's convicted by the ICC, it's not automatic that he's also convicted by a Philippine court.)

With Duterte's current situation, Escudero said, the detained mayor-elect of Davao City could take his oath of office through the consular office in the Netherlands or a consular official could go inside the Scheveningen Prison to officiate the oath-taking.

"Puwede siyang puntahan at puwede siyang mapanumpa sa harap ng ating embassy at consular officials kung hihilingin niya. Dahil ang consular visit ay puwede lamang kapag hiniling ng nasasakdal o akusado. Hindi siya puwedeng puwersahang puntahan kung saan siya naka-detina kung ayaw niya. Karapatan niya 'yon, sang-ayon sa rules ng The Hague," he said.

(He can be sworn into office by visiting officials of the Philippine embassy or consular office. A consular visit may only be allowed if the accused requests this. He or she cannot be forced to accept visitors where he's detained. That's his right, in line with the rules of The Hague.)

If Duterte cannot come home to perform the duties of his office, Escudero said the vice mayor could exercise his powers as mayor under the Local Government Code.

The Commission on Elections (Comelec) on Tuesday said it was up to the Department of the Interior and Local Government (DILG) to say who will exercise the functions of Davao City mayor while Duterte is detained in The Hague.

The Board of Canvassers in Davao City proclaimed Duterte as the winner of the mayoral race after a landslide victory garnering 662,630 votes.

To recall, Rodrigo was arrested in the Philippines by local authorities on March 11, based on a warrant of arrest issued by the ICC.

He is now in the Scheveningen Prison in The Hague on charges of crimes against humanity for the extrajudicial killings during his administration's war on drugs.

His daughter, Vice President Sara Duterte said Monday that lawyers have been discussing the next steps should he win the elections. — VDV, GMA Integrated News