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

Asked what would happen if Duterte garners the most votes, Comelec Chairperson George Garcia answered: “He will be proclaimed.”

On Wednesday, Garcia clarified that Duterte’s name will remain on the ballot and votes for him will not be considered stray.

This comes after the former Philippine leader was arrested on Tuesday by local authorities acting on a warrant of arrest issued by the International Criminal Court (ICC) on a charge of crimes against humanity.

Duterte was flown to ICC headquarters in The Hague where he will be tried on charges linked to his “war on drugs,” in which from 6,000 to 30,000 people were said to have been killed.

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

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

Turning 80 years old this month, Duterte filed his certificate candidacy for Davao City mayor in October 2024, seeking to reclaim the post he had held for a total of 22 years.

Filing alongside him was his son, incumbent Davao City Mayor Sebastian Duterte, who submitted his candidacy papers for vice mayor.