Davao City Mayor Rodrigo Duterte. File Photo.

MANILA - The Commission on Elections (Comelec) First Division has dismissed one of three petitions seeking to disqualify Davao City Mayor Rodrigo Duterte in the 2016 presidential race.

The division junked the petition filed by UP Diliman University Student Council (USC) chair John Paulo delas Nieves after he and his lawyer failed to appear in the preliminary conference on the case.

Nieves, in a 23-page petition, earlier questioned the validity of Duterte's substitution for former Partido Demokratiko Pilipino-Lakas ng Bayan (PDP-Laban) standard-bearer Martin Diño.

The petitioner cited the error in certificate of candidacy of Diño which indicates that he is running for mayor of Pasay City, not president.

The Comelec First Division on Tuesday will hear the two remaining petitions against the feisty mayor. -- Report from Robert Mano, radio dzMM

Duterte: Better if I'm disqualified