Despite facing crimes against humanity charges, former President Rodrigo Duterte remains eligible to be proclaimed as Davao City mayor unless he is convicted, the Commission on Elections (Comelec) confirmed on Sunday.

Comelec: No Conviction, No Disqualification

Comelec Chairperson George Garcia told Super Radyo dzBB that Duterte’s name remains on the ballot and he can be voted for and proclaimed, as long as no final conviction is issued either in the Philippines or abroad before Election Day.

“As long as there is no final conviction, his name will be on the ballot. If there are no developments until election day and he wins, he will be proclaimed,” Garcia explained.

Duterte Can Win, But May Face Vacancy Issues

Even if proclaimed, the Department of the Interior and Local Government (DILG) could declare the position permanently or temporarily vacant. Under the Local Government Code, the vice mayor would take over in such a scenario.

ICC Case and Election Implications

Duterte recently appeared before the International Criminal Court (ICC) pre-trial chamber via video conference, facing charges related to the war on drugs during his administration. The next hearing is set for September 23, 2025.

Despite his legal troubles, Duterte remains a candidate in Eleksyon 2025 and retains his right to campaign and vote from abroad.

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