Former President Rodrigo Duterte remains a candidate for Davao City mayor in the midterm elections, despite his recent arrest at Ninoy Aquino International Airport (NAIA), the Commission on Elections (Comelec) confirmed Wednesday.

Duterte was arrested Tuesday at NAIA following a request from the International Criminal Court (ICC) at The Hague over alleged crimes against humanity during his six-year term.

His arrest raised questions about whether it would impact his candidacy, but Comelec Commissioner Ernesto Maceda Jr. clarified that Duterte remains in the race.

"He is still a candidate because the only way you stop being a candidate is if you withdraw. Because even if you're convicted, unless it's a conviction by a judge, you still in the role as a candidate," Maceda said.

Maceda also confirmed that votes for Duterte will not be considered stray, meaning they will still count.

Maceda explained that winners must take an oath of office before assuming their post. If Duterte wins but cannot do so, the vice mayor will serve as acting mayor and take over his responsibilities.

Should Duterte be detained in another country, Maceda said it would be up to the Department of the Interior and Local Government (DILG) to decide if he can perform his duties as mayor.

Duterte filed his candidacy for Davao City mayor in October 2024, aiming to reclaim the position he previously held for 22 years.

His son, incumbent Davao City Mayor Sebastian Duterte, is running for vice mayor in the upcoming elections.