FACT CHECK: Duterte is not free to spend Christmas in PH

Claim: Former president Rodrigo Duterte has been released from the custody of the International Criminal Court (ICC) and is set to spend Christmas in the Philippines.

Rating: FALSE

Why we fact-checked this: The YouTube video containing the claim has 37,000 views, 2,900 likes, and 444 comments as of writing. It was uploaded on a YouTube channel claiming to be a news outlet, which has 168,000 subscribers.

The video claims that Duterte’s release has been confirmed and that he will spend Christmas in the Philippines. It also alleges that the media withheld this information from the public and asserts that the Supreme Court has already issued an ultimatum for his release.

The title in the video states: “Sa wakas! Kumpirmado na, tatay Digong makakalaya na? Supreme Court matinding utos, bring FPRRD home!“

(Finally! It’s confirmed! Father Digong will be freed! The Supreme Court has issued a strong order to bring him home!)

The facts: Duterte has not been released by the ICC. He remains in detention at the ICC Detention Centre in Scheveningen Prison, The Hague, after the ICC Appeals Chamber unanimously denied his request for interim release on November 28, 2025. There are no credible reports confirming his release because no such release has occurred.

Claims that the Philippine Supreme Court has issued an “ultimatum” for his release are also false as Philippine courts have no jurisdiction over ICC custody or proceedings and cannot order, compel, or interfere with ICC detention decisions.

As an “independent and impartial judicial institution” established under the Rome Statute, the ICC’s detention orders cannot be overturned or interfered with by any domestic body. The ICC has repeatedly stated that it will continue its work “independently and impartially, undeterred by external pressure,” and that all decisions are governed solely by the Rome Statute.

Jurisdiction issues: The ICC has asked the prosecution and victims’ lawyers to provide additional explanations on its jurisdiction over Duterte in the ongoing crimes against humanity case. 

In a December 16, 2025 order, the Appeals Chamber directed the parties to submit “additional observations” by January 16, focusing on how Articles 12(2), 13(c), and 127 of the Rome Statute interact. Article 12 sets the preconditions for the ICC’s exercise of jurisdiction, Article 13 defines when the court may assert jurisdiction, and Article 127 outlines a state’s continuing obligations even after leaving the ICC.

The defense must submit its response by January 23, five working days after the other parties’ deadline. This directive follows the defense’s November 14 appeal challenging the court’s jurisdiction, which comes after the Pre-Trial Chamber’s October 23 ruling affirming the ICC’s authority to prosecute and detain Duterte. – Marjuice Destinado/Rappler.com

Marjuice Destinado is a senior political science student at Cebu Normal University and an alumna of the Aries Rufo Journalism Fellowship of Rappler for 2025.

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