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Rodrigo Duterte can still run for Davao mayor despite ICC case for alleged crimes against humanity

Published Mar 12, 2025 6:29 pm

Former president Rodrigo Duterte is still eligible to run for Davao mayor in the upcoming elections even though he has been arrested and is facing a case for alleged crimes against humanity, according to the Commission on Elections.

Speaking at the Kapihan sa Manila Bay, Comelec Commissioner Ernest Maceda said that Duterte is still in the mayoralty race as he has not yet withdrawn his candidacy nor has he been disqualified.

"He is still a candidate because the only way to stop being a candidate is if he withdrew," Maceda said.

He added that the controversial ex-leader must be convicted "with finality" by the International Criminal Court in order to disqualify him from running. If this is not the case, Maceda explained that someone convicted of a crime can still run as long as they have an appeal pending with the courts. 

Should Duterte emerge victorious in the upcoming election, he still needs to take his oath of office before he can assume the post. This may prove tricky as he is now en route to The Hague, Netherlands to face the ICC for his alleged crimes committed against the Filipino masses.

"As far as the law stands, the vice mayor would be acting or performing the responsibility (if the elected mayor cannot do it)," Maceda said.

The Comelec official also addressed claims that money was distributed during the campaign rally attended by Duterte in Hong Kong, saying that they will not be conducting an investigation regarding this as it allegedly happened outside the country and is no longer under their jurisdiction.

Duterte was arrested on Tuesday, March 11 for murder, torture, and rape—which are part of the 15 forms of crimes against humanity under the Rome Statute—in connection with his administration's bloody war on drugs called Oplan Tokhang that saw the execution of thousands of suspected drug peddlers, users, and small-time criminals.

ICC assistant to counsel Kristina Conti, in an interview with GMA Network's Balitanghali, explained that there will be a first hearing and confirmation of charges against Duterte, who will be imprisoned upon arriving at The Hague.

"Doon na papasok kaming mga representatives of victims kung paano magpapatuloy 'yung trial kasama na 'yung Office of the Prosecutor," she said.

According to Presidential Communications Undersecretary Claire Castro, Duterte may face 30 years of imprisonment should he be convicted by the ICC, but this may change depending on the defenses availed of by the former president. (with reports from Mayen Jaymalin, The Philippine STAR)