Former President Rodrigo Duterte remains a candidate for Davao City mayor in the May 2025 National and Local Elections, according to Commission on Elections (Comelec) Commissioner Ernest Maceda.

"He's still a candidate because the only way you stop being a candidate is if you withdraw," he said on Wednesday, March 12, at the Kapihan sa Manila Bay with Marichu Villanueva.

"Even if you're convicted unless it's a conviction by final judgement you're still in the roll as a candidate," he added.

In a Viber message, Comelec Chairman George Erwin Garcia also confirmed that Duterte remains a candidate.

"Tingnan natin kung mayroong magfifile ng something or whatever pero again, ang atin po kasing batas kinakailangan mayroong final judgement of conviction (Let's see if anyone will file something or whatever, but again, our law requires that there must be a final judgment of conviction)," he said in a chance interview.

Garcia also stated that it's unclear as of now if the conviction refers only to local courts or can also be applied to convictions made abroad.

He also explained that in the past Barangay and SK elections, two village chairpersons were able to run and were proclaimed by the poll body while detained. 

Maceda said that votes cast in favor of Duterte will not be considered stray because he's still a candidate. He refused to comment, however, on what would happen in case Duterte wins.

Garcia also stated that this is a unique scenario since there hasn't been a case wherein a candidate was convicted by an international body such as the International Criminal Court (ICC).

"Ang pagkaaresto ng isang tao sa isang ibinibintang na krimen kahit dito sa ating bansa ay hindi senyales upang tanggalin ang pangalan ng kandidato o upang i-disqualify siya, o upang siya ay mawalan ng kanyang karapatan, civil and political (The arrest of a person for an alleged crime, even in our country, is not a sign to remove the candidate’s name, disqualify them, or strip them of their civil and political rights)," he added.

Duterte was arrested on Tuesday, March 11, after the Interpol received an arrest warrant from the ICC

The plane carrying the former president took off from the Ninoy Aquino International Airport (NAIA) at 11:03 p.m. headed to The Hague in the Netherlands, where he will be facing charges of crimes against humanity in relation to his bloody war on drugs during his administration.

Duterte and his son, incumbent Davao City Mayor Sebastian Duterte, filed their Certificates of Candidacy (COC) for Davao City mayor and vice mayor, respectively, on October 7.

The campaign period for local candidates will begin on March 28.