A Youtube video claims that former president Rodrigo Duterte will be released early from detention at the International Criminal Court (ICC) after the Philippine Supreme Court dismissed a case against him. This is false.
On Feb. 16, a YouTube channel uploaded a 21-minute and 49-second video bearing the title::
“BIG GOODNEWS! K0RTE SUPREMA NAG DISISY0N NA! GINEMBAL LAHAT sa PALASY0 TAP0S DIT0? FPRRD PANAL0 NA! (BIG GOOD NEWS, SUPREME COURT HAS DECIDED! SHOCKED EVERYONE IN THE PALACE? FPRRD WINS!).”
Its thumbnail, which was reposted by at least two users on Facebook, carried the following superimposed text:
“CASE DISMISSED NA! PRRD PWEDENG MAPA RELEASE NG MAAGA SA 1CC? BIG SURPRISE ITO! PALASYO NA-SHOCKED! (CASE ALREADY DISMISSED! PRRD CAN BE RELEASED EARLY FROM ICC? THIS IS BIG SURPRISE! PALACE WAS SHOCKED!).”
In the video itself, the anonymous narrator proceeded to mention SC decisions in 2019 and 2024 dismissing human rights petitions against the former president.
The legal case cited in the clip is different from Duterte’s case before the ICC. This was the petition for the writ of amparo and habeas data filed by human rights groups Karapatan, Gabriela, and Rural Missionaries of the Philippines in 2019 to protect their members against red-tagging threats during Duterte’s administration.
The SC dismissed the petitions in June 2019 for lack of substantial evidence and affirmed its decision with finality in 2024 after appeals were filed.
This is unrelated to the charges currently filed against Duterte, who is facing three counts of murder before the ICC as an indirect co-perpertrator in killings related to the drug war when he was Davao mayor and during his presidency.
No jurisdiction
Even if the SC issues a decision to bring the former president home, the ICC is not mandated to obey the order, a legal expert noted.
“Our Supreme Court, although we call it Supreme, has limited jurisdiction meaning its jurisdiction is limited within the confines of Philippine territory and jurisdiction. So beyond our territory and jurisdiction as a state, then the Supreme Court decisions, orders or directives will no longer have binding effect outside the Philippines and much less over the International Criminal Court,” University of St. La Salle Law Dean Ralph Sarmiento told ANC News.
ICC-accredited lawyer Joel Butuyan similarly clarified that the SC has no power over the ICC.
“Our Supreme Court has no jurisdiction and power [over the ICC]. Even our Supreme Court has no power to issue orders against an international court,” he said in a report from Rappler.
The false claim appeared ahead of Duterte’s confirmation of charges hearing scheduled to begin on Feb. 23. The hearing will determine whether there is sufficient evidence for the charges to proceed to trial.
Published by YouTube channel PINAS NEWS INSIDER, the video has earned 59,000 views; 3,200 likes;and 259 comments. Other copies cross posted on Facebook collectively received 480 reactions;100 comments; and 54 shares.
