Former President Rodrigo Duterte could still be proclaimed if he wins his bid for Davao City mayor, the Commission on Elections (Comelec) said on Thursday.

When asked what would happen if Duterte garners the most number of votes, Comelec Chairperson George Garcia replied, “He will be proclaimed.”

Garcia on Wednesday clarified that Duterte’s name would stay on the ballots and that votes for him would not be considered stray.

This development follows Duterte’s arrest on Tuesday by authorities who enforced a warrant issued by the International Criminal Court (ICC) for charges of murder as a crime against humanity.

Duterte was placed in the ICC’s custody, where he is set to be tried for murder charges linked to his “war on drugs,” an anti-narcotics campaign that allegedly claimed over 30,000 lives.

He arrived at Rotterdam Airport on a chartered plane on Wednesday, and will be brought before an ICC judge in The Hague in the coming days for an initial appearance.

Duterte was then transferred to a detention unit on the Dutch coast, joining Kosovo’s former president Hashim Tachi, who is awaiting his war crimes trial, and convicted Bosnian Serb war criminal Ratko Mladic, who was found guilty of genocide in Bosnia.

Turning 80 this month, Duterte filed his candidacy for Davao City mayor in October 2024, seeking to reclaim the post he held for a total of 22 years. His son, incumbent Davao City Mayor Sebastian Duterte, also filed his candidacy papers for vice mayor.