Why Comelec Says Nothing Can Stop VP Sara From Running Yet
SARA DUTERTE – The Commission on Elections has clarified the legal requirements for candidates, explaining why Vice President Sara Duterte can still seek the country’s highest office.
The Commission on Elections (Comelec) has clarified that Vice President Sara Duterte remains eligible to run for president in the 2028 national elections as long as there is no final criminal conviction against her. The clarification came amid public discussions regarding her eligibility and the legal requirements for candidates seeking public office.
During an interview with the media on Tuesday, July 21, 2026, Comelec Chairman George Erwin Garcia explained that any individual may seek an elective position, including the presidency, provided that no final conviction of guilt has been issued against them in a criminal case.
Garcia stressed that the rule applies to all candidates, regardless of the position they intend to seek, from the country’s highest office down to the lowest positions in government.
“’Yon ngang tinanggal halimbawa ng Kongreso bilang isang kongresista ay puwedeng makatakbo dahil hindi naman siya isang criminal case,” he explained.
He further explained that individuals facing criminal cases may still run for public office if their cases are still under appeal and have not yet reached a final and executory judgment.
Garcia also emphasized that the Comelec cannot prevent individuals from filing petitions seeking the disqualification or cancellation of a candidate’s certificate of candidacy.
“Of course, hindi po kayang pigilan ni COMELEC ‘yong mga gustong mag-file pa rin ng mga kasong disqualification o cancellation of candidacy,” he said.
He added, “Pero as far as the COMELEC concerned, and duty po namin ay ministerial sa pagtanggap ng Certificate of Candidacy. Ibig sabihin, lahat po ng COC ay tatanggapin namin at hindi para desisyunan kaagad namin habang tinatanggap na ang tao na ito ay kuwalipikado o hindi kuwalipikado.”
According to Garcia, the Commission’s responsibility upon receiving Certificates of Candidacy (COCs) is primarily ministerial, meaning it accepts all properly filed COCs without immediately determining whether a candidate is qualified or disqualified.
He also noted that while private individuals may initiate petitions against candidates, the Comelec itself also has the authority to file a motu proprio disqualification case when warranted.
“Hihintayin namin na may mag-file ng petisyon o ang COMELEC mismo ay magpa-file muna ng motu propio na diskuwalipikasyon laban sa isang kandidato,” he said.
Garcia concluded by reiterating the legal standard governing candidate eligibility.
“Hangga’t walang conviction na guilty ang isang tao at ito ay naging final executory, at hindi na puwedeng iapela sa kahit na kanio, ang taong ‘yan ay puwedeng makatakbo,” he concluded.
His statement underscores the existing legal principle that a final and executory criminal conviction is required before a person’s eligibility to run for public office may be affected.
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