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Cristina Chi - Philstar.com
May 12, 2025 | 3:31pm
Former president Rodrigo Duterte attends first ICC hearing via videolink.
Philippine Star / Facebook page
MANILA, Philippines — Former President Rodrigo Duterte will not get to mark his choices in this year's midterm elections as he is not a registered overseas voter, according to the Commission on Elections.
The poll body said it is complying with Republic Act 10590 (amended Overseas Voting Act of 2013), which allows overseas voting "only for registered overseas voters," Comelec spokesperson John Rex Laudiangco told Philstar.com in a message on Monday, May 12.
"A registered voter must manifest his intention to move to overseas voting during the period for registration," Laudiangco said.
Laudiangco's clarification came after Vice President Sara Duterte lamented on Monday that her father failed to "exercise his right to vote" while detained at the International Criminal Court (ICC) in The Hague, Netherlands.
In an interview with reporters after casting her ballot in Davao City, the vice president said her father's lawyers "tried to seek permission from Comelec if the former president could vote outside of the absentee voting law, but he wasn't registered."
"I am sure he is sad," Duterte said.
This year’s elections are especially critical as they serve not only as a midterm referendum on the Marcos administration’s popularity, but also as a test of strength between the feuding Marcos and Duterte camps that are each vying for control of Congress and local government posts.
The PDP-Laban slate — composed of 10 senatorial candidates loyal to the former president — has framed the elections as a fight against political repression, repeatedly calling on supporters to secure enough Senate seats to prevent Sara Duterte's removal from office in her looming impeachment trial.
These Duterte-endorsed candidates have also repeatedly condemned Duterte's arrest and transfer to the ICC, which they blame on the Marcos administration, despite legitimate charges that triggered the ICC prosecutor to request a warrant of arrest.
The former president was arrested and put on a chartered plane bound for The Hague on March 11. He faces crimes against humanity charges related to his administration's war on drugs.
Upon arrival in the Netherlands, the former president was given the contact details of the Philippine embassy there for "any consular assistance that he may need."
The elder Duterte is gunning for the Davao City mayoralty in this year's elections. His candidacy remains valid despite his arrest, as only a final conviction can invalidate a detained person's candidacy.
The Comelec earlier set the pre-enrollment period for overseas voting from March 20 to an initial May 7, before extending the deadline to May 10.
Overseas voters had from April 13 to May 12 to lodge their votes for the midterm elections, which will select 12 senators, party-list representatives, and thousands of local officials nationwide.
This is the first election where the Comelec implemented online voting for overseas Filipinos.