What happens to Rodrigo Duterte's mayoral bid after ICC arrest? Comelec explains
MANILA, Philippines — Former President Rodrigo Duterte's arrest and transfer to the International Criminal Court (ICC) in The Hague, Netherlands has raised questions about his candidacy for Davao City mayor in the upcoming May 2025 elections.
Despite being in ICC custody and facing crimes against humanity charges related to his so-called war on drugs, Duterte remains a candidate on the ballot, according to the Commission on Elections (Comelec).
Comelec Chairperson George Garcia clarified the legal situation in an interview Wednesday, March 12, where he emphasized that Duterte's arrest does not automatically disqualify him from running for or holding public office.
RELATED: ICC: Duterte’s ‘considerable power’ justifies arrest warrant
Duterte's candidacy status
"As far as the COMELEC is concerned, he is still a candidate. His name is on the ballot. And our countrymen can vote for him," Garcia said in Filipino in an interview with reporters.
The chairperson explained that under Philippine election laws, a candidate needs a final judgment of conviction to be disqualified.
However, it remains unclear whether this applies only to convictions in domestic courts or includes international tribunals like the ICC, Gar cia said.
"Our law states that a final judgment of conviction is needed. We cannot say at present if the conviction being mentioned refers to conviction here or conviction abroad," Garcia said.
Can Duterte serve if elected while abroad?
Garcia compared Duterte's situation to some previously elected barangay officials who were detained even as they won the 2023 Barangay and Sangguniang Kabataan Elections (BSKE).
"Let's look at the barangay chairpersons during the BSKE — they were detained, they ran, won, and were proclaimed. They were still recognized as duly elected officials," Garcia said.
This is possible, according to the Comelec chairperson, because only a final decision on a conviction or disqualification case can successfully stop the proclamation of an election winner.
"If that's the situation (of Duterte), that principle may still apply," Garcia said.
Potential disqualification case
The Comelec chairperson emphasized that the poll body will not act independently without a formal petition.
"COMELEC will not act on its own. We don't have motu proprio power in such matters. We won't take ex parte action without a petition," Garcia explained.
If someone files a disqualification petition against Duterte, Comelec will examine its merits based on Supreme Court jurisprudence and relevant election laws.
Garcia noted that the situation is "more political than legal" but stressed that under Section 68 of the Omnibus Election Code, disqualifying a candidate requires a final judgment of conviction.
ICC conviction
When asked about the potential impact of an ICC conviction, Garcia admitted this would be unprecedented in Philippine jurisprudence.
The Comelec chairperson said, however, that this is speculative for now.
"In our opinion, we haven't encountered anything like this in our jurisprudence. It's a very distant discussion—very speculative. Maybe we shouldn't even be discussing it," Garcia said.
However, he offered clarification for the public, stating that in the Philippines, "the arrest of a person for an alleged crime is not a signal to remove a candidate's name, disqualify them, or deprive them of civil and political rights."
He cited a Supreme Court case affirming that even convicted persons whose cases are on appeal can still run for and be elected to office.
Possibility of substitution
On the question of whether Duterte could be replaced by a substitute candidate, Garcia referenced a recent Supreme Court decision on a Limay, Bataan case, where the Comelec's ruling regarding candidate substitution was reversed.
Current guidelines state that substitution was only allowed until October 7 last year, with exceptions made after that deadline only in cases of death or disqualification.
Garcia indicated that the Limay, Bataan case — where a vice-mayoral candidate was allowed to substitute for a candidate who had withdrawn — might set a precedent that could affect Duterte's situation.
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