DAVAO CITY — Former President Rodrigo Duterte’s legal team is exploring ways for him to take his oath of office remotely, should he win the mayoralty race in Davao City while being detained by the International Criminal Court (ICC) in The Hague.

Vice President Sara Duterte confirmed on Monday that her father’s ICC and Philippine lawyers are in discussions on how the former president can be sworn into office if proclaimed winner in the 2025 midterm elections.

“That is currently being discussed with his ICC lawyer and his Philippine lawyer—how he can take his oath as the elected mayor of Davao City,” she said, speaking just hours after polling precincts opened nationwide.

Duterte, 80, has been in ICC custody since mid-March after being arrested and flown to The Hague to face charges of crimes against humanity in connection with the controversial war on drugs that marked his presidency.

According to the Vice President, the possibility of Duterte taking his oath depends on the issuance of the official proclamation papers. “Once we get the proclamation papers, we’ll discuss again how former president Rodrigo Duterte can take his oath,” she said, adding, “We have until the day after the proclamation, until noon of June 30, for him to do so.”

Ahead of the elections, Duterte’s lawyers also sought guidance from the Commission on Elections (Comelec) on whether he could vote while detained overseas, even though he was not registered as an overseas absentee voter.

“As far as I know, his lawyers tried to ask Comelec if he could vote outside the framework of the absentee voting law because that would have been the only way for him to vote, but he wasn’t registered,” the Vice President explained. “Unfortunately, he wasn’t able to vote this time, and I’m sure he’s sad about that.”

Duterte is facing off against his former Cabinet Secretary, Karlo Nograles, in what has become a high-stakes contest for the city’s top post.

Nograles, after casting his vote, told reporters that he is optimistic about the outcome. “I hope for the best outcome in Davao City,” he said. “The results of the election will obviously be the final determining factor.”

He emphasized the importance of voter choice in a democracy, saying, “Every election is different because the candidates are different, the atmosphere is different. What’s important is that the people have a choice. That’s the essence of democracy.”

Nograles also urged all candidates to move past election politics once the votes are counted. “Politics is over. The next step is service. We need to serve Davaoeños regardless of who they voted for,” he said. “At the end of the day, we lead to serve.”

Meanwhile, the city’s vice mayoral race holds added weight, as the winner may need to serve as acting mayor if Duterte is proclaimed but unable to immediately assume office due to his detention. Incumbent Mayor Sebastian Duterte, the former president’s son, is running for vice mayor against Nograles’ running-mate, former Vice Mayor Bernie Al-ag.