FACT CHECK: Duterte still in ICC custody; case under deliberation

Claim: Former president Rodrigo Duterte is coming home after the dismissal of his crimes against humanity case in the International Criminal Court (ICC).

Rating: FALSE

Why we fact-checked this: A post from Showbiz Heat PH is going viral with more than 34,000 reactions, 8,300 comments, and 1,300 shares since it was posted on March 2. The claim seemed to have originated in a YouTube video posted by Political PH TV on March 1, which has now garnered over 24,000 views, 2,200 likes, and 130 comments.

The posts feature a thumbnail with text overlaid on it stating, “Welcome back! Tatay Digong uuwi na! Case dismissed! Inday Sara umiyak sa tuwa.”

(Welcome back! Tatay Digong is coming home! Case dismissed! Inday Sara shed tears of joy.) 

The image shows Duterte, his lead defense counsel, Nicholas Kaufman, Vice President Sara Duterte, and other personalities.

The claim caused confusion in the comments section, with some social media users skeptical about Duterte’s alleged release, while others expressed their excitement that the former president is supposedly coming home to the Philippines soon.

The facts: Duterte remains in ICC custody in The Hague, The Netherlands, as the ICC judges deliberate whether there is sufficient evidence to proceed to a full trial for his crimes against humanity case.

On Wednesday, March 4, Davao City Mayor Sebastian “Baste” Duterte was also seen speaking to reporters after visiting his detained father at the ICC facility.

The false claim circulated shortly after Duterte’s confirmation of charges hearing, which was held on February 23, 24, 26, and 27. With the conclusion of the pre-trial hearings, the Pre-Trial Chamber I, composed of Presiding Judge Iulia Antoanella Motoc, Judge Reine Adélaïde Sophie Alapini-Gansou, and Judge María del Socorro Flores Liera, is expected to deliver a written decision within 60 days. (READ: ICC prosecution confident Duterte case will move to trial)
The Chamber will either confirm charges for trial, dismiss the case due to insufficient evidence, or request further investigations.

Duterte, who was arrested in March 2025, faces charges of crimes against humanity related to his war on drugs campaign between 2011 and 2019.

During the pre-trial, prosecutors detailed Duterte’s alleged orchestration of extrajudicial killings, citing witness testimonies and the former president’s public statements that encouraged violence. His defense, meanwhile, argued that there supposedly was no causal link or direct linkage from Duterte’s words to the killings. (WATCH: SPECIAL COVERAGE: Duterte’s pre-trial hearing at the ICC)

Repeatedly debunked: Since the ICC confirmation of charges hearing, several claims about Duterte’s supposed release and case dismissal have been circulating online. Rappler has debunked these claims:

• FACT CHECK: Duterte not released after ICC pre-trial
• FACT CHECK: ICC judges did not withdraw from Duterte case
• FACT CHECK: Duterte not set to be released in February 2026, ICC case ongoing
• FACT CHECK: Duterte ICC case still ongoing, not dismissed

– Princess Leah Sagaad/Rappler.com

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