FACT CHECK: Duterte not set to be released in February 2026, ICC case ongoing

Claim: Former president Rodrigo Duterte’s case before the International Criminal Court (ICC) has been dismissed, and he is set to be released in February 2026.

Rating: FALSE

Why we fact-checked this: The claim was published by a Facebook page that portrays itself as a news and media outlet. As of this writing, the post has accumulated 4,900 reactions, 1,800 comments, and 248 shares.

Text overlaid on the photo reads: “Ito na, mga DDS nagkakagulo na! Tuwang-tuwa sa good news! Kaso ni Digong sa ICC dismissed na. Makakalaya na sa February 2026.”

(Here it is, the DDS are in chaos! Super thrilled about the good news! Digong’s ICC case has been dismissed. He’ll be free by February 2026.)

In the comments section, a link to an article supposedly containing more details about the alleged news is provided.

The post was made several days before the confirmation of charges hearing of Duterte, who faces crimes against humanity charges related to his administration’s brutal drug war.

The facts: There is no release order for Duterte, and his case at the ICC has not been dismissed. From February 23 to 27, 2026, prosecutors, victims’ representatives, and the defense have been presenting arguments during the confirmation of charges hearing, where the ICC pre-trial chamber will assess whether there is sufficient evidence to proceed to a full trial. 

The hearings started on February 23, with prosecutors detailing Duterte’s alleged orchestration of extrajudicial killings and the Davao Death Squad, citing public statements that encouraged violence. Victims’ representatives described ongoing threats and the culture of impunity that Duterte left behind. The defense argued that the former strongman’s rhetoric was lawful and intended to enforce law and order, not commit crimes.

On February 24, prosecutors presented witness accounts and video evidence showing Duterte’s awareness and encouragement of killings, including the high-profile case of 17-year-old Kian delos Santos. Victims’ lawyers emphasized the human toll of the drug war, highlighting the families living in fear and denied justice. 

On the third day of the pre-trial hearing on February 26, Duterte’s lawyer, Nicholas Kaufman, challenged the credibility of self-confessed Davao Death Squad witnesses, questioning their limited immunity and calling their statements “of negligible evidentiary weight.”

The ICC pre-trial hearings are scheduled to close on February 27, when all sides will deliver their closing statements. After the hearing, the chamber will decide within 60 days to confirm all or any of the charges against Duterte.

Pro-Duterte disinformation: Since the ICC ordered Duterte’s arrest on March 11, 2025, pro-Duterte channels have flooded social media with disinformation, falsely claiming his release, early return home to Davao, or even his supposed death. These campaigns also attack drug war victims’ families, using deepfakes and AI-generated content to portray them as supposedly being “paid off” to speak out against the former president. 

Rumors about Duterte’s failing health or inability to attend hearings have also circulated, despite medical assessments by independent experts confirming his fitness for the pre-trial process.

Rappler’s research shows that from March 2025 to February 2026, 107 out of 540 fact-checks focused specifically on Duterte’s ICC case. (READ: Inside the pro-Duterte playbook: A year of disinformation vs ICC case) – Marjuice Destinado/Rappler.com

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