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RODRIGO DUTERTE. Former president Rodrigo Duterte speaks at the opposition proclamation rally, at Club Filipino on February 13, 2025.
Screengrab from PDP Laban Facebook
The Comelec points to the law saying that there must be final conviction for a candidate to be removed from the race
MANILA, Philippines – Former president Rodrigo Duterte, despite having been flown to The Hague after his arrest in Manila, remains part of Davao City mayoral race, the Commission on Elections (Comelec) said on Wednesday, March 12.
Duterte was taken into custody of the Philippine police on Tuesday, March 11, after the International Criminal Court released a warrant for his arrest on alleged crimes against humanity. The charges stem from an investigation beginning in 2018 over his deadly war on drugs, which saw tens of thousands of Filipinos killed under his command.
In October 2024, Duterte filed his candidacy for Davao City mayor, seeking to reclaim the post he held for a total of 22 years.
Does his trip out of the country affect his candidacy? Comelec Chairman George Garcia said on Wednesday that he is still part of the race.
“As far as the Comelec is concerned, siya pa rin sa kasalukuyan ay kandidato. Ang pangalan niya’y nasa balota, at maiboboto ng mga kababayan natin,” Garcia said in an interview with reporters.
(He is still a candidate at present. His name is on the ballot, and our citizens can vote for him.)
Garcia said Filipinos may be able to challenge this, but the law says there must be a final judgment of conviction to be removed from the race.
“Ang pagka-aresto ng isang tao sa isang binibintang na krimen, kahit dito sa ating bansa, ay hindi po senyales upang tanggalin ang pangalan ng kandidato, upang i-disqualify siya, o upang siya ay mawalan ng karapatan, civil and political,” said Garcia.
(The arrest of someone accused of a crime, even in our own country, is not a sign to remove the candidate’s name [from the ballot], to disqualify them, or for them to be deprived of their civil and political rights.)
Comelec Commissioner Ernesto Maceda Jr. in a separate news forum hosted by Marichu Villanueva, also confirmed this on Wednesday.
“The votes cast in his favor will not be considered stray because he’s still a candidate for all intents and purposes,” said Maceda said.
Conditions
Maceda answered questions about the Duterte case in the hypothetical — the way they apply to any candidate with similar cases of being detained or outside the country.
In the event of victory, Maceda said that winners still have to comply with certain matters before being able to assume office, such as swearing an oath of office. Some may dispute a candidate like Duterte being able to swear the oath remotely.
“As far as the law right now stands, the vice [mayor] would be performing the responsibilities in an acting capacity [while the mayor is not around],” he said.
Maceda also deferred to the Department of the Interior and Local Government on the rules on how long a local chief executive can be outside of the country, remotely assuming his duties.
“But as far as the Comelec is concerned, if you’re a candidate, you have not been disqualified as a candidate, then should you prevail in the election, then you are the winner of the election,” he said. – Rappler.com
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