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Former president Rodrigo Duterte remains a Davao City mayoral candidate in the 2025 midterm elections even after his arrest for alleged crimes against humanity under the International Criminal Court (ICC) on Tuesday, according to the Commission on Elections (Comelec). 

Although he was taken into ICC’s custody, Comelec Chairperson George Garcia confirmed that Duterte is still an eligible candidate for the mayoral position in Davao City.

Garcia cited Article IX, Section 68 of the Omnibus Election Code, stating that any candidate with a final decision of conviction shall be disqualified from running in the elections.

However, he said it remains “unclear” whether the disqualification policy would apply to Duterte’s case. 

“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 added.

He clarified that the arrest warrant of a person for an alleged crime is not a signal to remove or disqualify the candidate.

This is in accordance to Article IX, Section 72 of the Omnibus Election Code, wherein if  “a candidate, not declared by a final judgment before an election to be disqualified and receives the winning number of votes, his violation on the said provisions of the preceding sections shall not prevent his proclamation and assumption to office.”

Garcia said that the potential impact of the ICC conviction would be “unprecedented” in Philippine jurisprudence since they have yet to encounter this case. 

Duterte was arrested at the Ninoy Aquino International Airport Terminal 3 shortly after his arrival from Hong Kong for alleged crimes against humanity over his war on drugs campaign. 

Under the Duterte administration from 2016 to 2022, Human Rights Watch said that extrajudicial killings became a “crime solution” during his 22-year term as Davao City mayor as well as in his term as president.

The Philippine Drug Enforcement Agency reported a total of 6,252 deaths during their operations while human rights groups said that the killings were estimated to have a range from 12,000 to 30,000. 

The ICC said that Duterte’s arrest was important to “hold him accountable” for his alleged crimes during his drug war campaign. 

“This is a crucial step in our continuous work to ensure accountability for the victims of the most serious crimes under ICC jurisdiction,” the ICC Office of the Prosecutor said in a statement. 

“The office is now commencing preparations towards the initial appearance and subsequent judicial proceedings before the Court,” the statement read. 

The former president is the first-ever Philippine and Asian leader to be arrested through a warrant by an international court. He will stay at the ICC Detention Center in The Hague, Netherlands as he faces proceedings for his charges.