The Commission on Elections (Comelec) said former president Rodrigo Duterte, who is detained at the International Criminal Court in the Netherlands, is not required to attend his proclamation for the mayoral post of Davao City.

Duterte is set to reclaim his old mayoral post in Davao City as he garnered 662,630 votes against his former Cabinet secretary Karlo Nograles with 80,852 votes based on partial count of Comelec as of 4 pm.

In an interview on Tuesday, Comelec spokesperson John Rex Laudiangco said proclamation ceremonies acts such as raising hands are "only symbolic or ceremonial".

"The legal process of proclamation is when the certificate of canvassing and proclamation is signed, read, and issued by the board of canvassers", Laudiangco added.

Duterte remains under the custody of the International Criminal Court (ICC) at The Hague after he was arrested and brought to the Netherlands last March 11.

But, Comelec said that the decision on who will sit as the mayor of Davao City is beyond their jurisdiction.

Whether Duterte could assume his duties as mayor, Comelec chairman George Garcia said: ''If he can assume the post or have someone else assume the post, that is up to the Department of Interior and Local Government''. Marie Manalili/DMS