- Comelec says Duterte remains a candidate despite ICC detention
THE COMMISSION on Elections (Comelec) XI clarified on Friday that former President Rodrigo Duterte remains on the ballot as a candidate for mayor in Davao City despite being in ICC custody for alleged crimes against humanity.
In an interview with TIMES on Friday morning, lawyer Gay Enumerables, said, “For now, Duterte is still a candidate. He remains a candidate because he does not have a final conviction. He does not have a final and executory conviction.”
Enumerables added, “He is just detained, so he is still a candidate. He is not disqualified. He remains qualified under the rules.”
When asked about the possibility of substitution if the former president is convicted, she replied, “That’s speculative. As of now, it’s speculative. We are looking at the future, and I don’t want to answer that right now.”
She further clarified, “If we start speculating about what will happen, we can’t know yet.”
She also declined to comment about what would happen if Duterte’s political rivals file a disqualification case. For one, the regional office does not accommodate disqualification petitions.
As such, Enumerables said Duterte and his supporters can continue going around to win the voters.
“His supporters can campaign for him. Everyone can campaign,” she added.
In an interview with national media, Comelec Chairman George Erwin Garcia explained that under Philippine election laws, a candidate needs a final judgment of conviction to be disqualified.
However, Garcia noted that it is unclear whether this applies only to convictions in domestic courts or if it also includes international tribunals like the ICC.
“Our law states that a final judgment of conviction is needed. We cannot say at present if the conviction being mentioned refers to a conviction here or abroad,” Garcia said.
Possibility of substitution
When asked if Duterte could be replaced by a substitute candidate, Garcia referenced a recent Supreme Court decision involving a Limay, Bataan case, where the Comelec’s ruling on candidate substitution was reversed.
Current guidelines state that substitution is only allowed until October 7 of the previous year, with exceptions made only in cases of death or disqualification after that deadline.
Garcia indicated that the Limay case, in which a vice-mayoral candidate substituted for someone who had withdrawn, could set a precedent that might affect Duterte’s situation.
Duterte, who served as Davao City’s mayor before becoming president in 2016, filed his certificate of candidacy in October 2024, formalizing his intention to return to the mayoral position.
The former president was arrested on March 11, 2025, after the Philippine National Police (PNP) assisted the International Criminal Police Organization (Interpol) in executing the ICC’s arrest warrant. He was transported to The Hague via a chartered plane to face the ICC.
ICC spokesperson Fadi El Abdallah confirmed that Duterte is currently detained at the Scheveningen facility after undergoing a medical check-up. Duterte arrived at Rotterdam airport at 5 p.m. and reached the detention facility around 7:30 p.m. (Netherlands time) on March 12, 2025, or around 2:30 p.m. Philippine time.
Experts predict that the trial could take between two and eight years to reach a verdict. If convicted, Duterte may face up to 30 years in prison.
