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FACT CHECK: ICC hearings have YET to start; Duterte NOT ‘free’

WHAT WAS CLAIMED

Rodrigo Duterte is now “free from any legal threat” and the International Criminal Court has allowed him to return to the Philippines.

OUR VERDICT

False:

The ICC has not yet issued a decision regarding his case. His confirmation of charges hearing is yet to start on Feb. 23, which will determine whether there is sufficient evidence to proceed to trial.

By VERA Files

Feb 13, 2026

3-minute read
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Several posts circulating online are claiming that former president Rodrigo Duterte is now “free from any legal threats” after the International Criminal Court (ICC) supposedly ruled on his case. This is false.

The ICC has not released a decision regarding Duterte’s alleged crimes against humanity case. A confirmation of charges hearing is set to begin on Feb. 23, which will determine whether there is enough evidence to proceed to trial.

On Feb. 3, a Facebook user posted a split image showing the former president in the upper part and a YouTube thumbnail at the bottom. It carried the following text:

“1CC NAGDESISYON NA. FPRRD MAKAKALAYA NA? CONFIRMED! GOOD NEWS!”

(ICC HAS DECIDED. FPRRD WILL BE FREED? CONFIRMED! GOOD NEWS!”)

In the caption, the user further went on to claim that the former president can now return home, stating:

“Big news shook the nation today! After years of threats, investigations, and seemingly relentless pursuit by the International Criminal Court (ICC), reports emerged that former President Rodrigo ‘Tatay Digong’ Duterte is now free from any legal threats. The news ‘Duterte can go home’ sent shockwaves within Malacañang, which sources say was unprepared for such a sudden turn of events! The Davao eagle, will Duterte be freed and return to the Philippines?! Malacañang ‘shocked’ by ICC.’”

Former president Rodrigo Duterte is not “free from any legal threats,” nor has the ICC allowed him to return to the Philippines. The ICC has yet to rule on his case. A confirmation of charges hearing, scheduled to begin on Feb. 23, will determine whether there is sufficient evidence for the case to move toward a full trial.

There are no official records on the ICC website which state that Duterte is free to return to the Philippines or that he would no longer face legal proceedings. The Court communicates all its public updates on Duterte’s case via its website.

The former president remains in detention at the ICC’s Scheveningen Prison while awaiting his confirmation of charges hearing before the Pre-Trial Chamber I scheduled on Feb. 23, 24, 26, and 27. The ICC charged him with three counts of murder as an indirect co-perpetrator over killings related to the drug war while he was mayor of Davao City and during his presidency.

In a media advisory published on Jan. 28, the ICC explained that the purpose of the hearing is “to determine whether there is sufficient evidence to establish substantial grounds to believe that the person committed each of the crimes charged.” Duterte will be put on trial if one or more of the charges are confirmed.

The image of the former president used in the false FB post was taken during a thanksgiving event in Hong Kong on March 9, 2025, two days before he was arrested and flown to The Hague in the Netherlands.

Meanwhile, the photo in the lower part of the post is a thumbnail from a clickbait YouTube video published in December 2025.

The false post surfaced after the ICC declared on Jan. 26 that Duterte is fit to take part in pre-trial proceedings, following a medical assessment confirming he is able to “effectively exercise his procedural rights.”

Published by FB user Bert Tourist, the erroneous FB post has so far received 6,000 reactions, 1,900 comments, and 385 shares as of writing.

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