FORMER President Rodrigo R. Duterte’s legal team and family have denied viral social media posts claiming he was found unconscious in his cell at the International Criminal Court (ICC)
“I would like to state, in no uncertain terms, that the information circulating on the internet suggesting that former President Duterte was found unconscious in his cell this morning is totally untrue. I have just spoken to him and he is stoically awaiting the judgment of the ICC Appeals Chamber on the matter of interim release,” Duterte’s lead counsel, Atty. Nicholas Kaufman, said.
Vice President Sara Duterte, his daughter, also addressed the issue during the Run for Du30 Leg 2 event in Davao City, clarifying that her father was simply resting when contacted by his lawyer and suggesting that the alarming reports may have originated as pranks from among his supporters.
“Dili to tinuod ug walay nahitabo na ing-ato... Ingon nya nga maybe it was just a prank by many of my supporters (“That's not true, and nothing like that happened… He said that maybe it was just a prank by many of my supporters),” the vice president said.
She noted that they’re hoping for a good outcome on November 28, but if things don’t go their way, the family will continue backing him in The Hague and coordinating with his legal team.
"We hope to hear good news for the public hearing on the appeal for his interim release on November 28. But if not, the family will continue to support him in his stay in The Hague. And of course continue to work with his defense team with regard to his legal case,” she said.
Developments in Duterte’s case
Rodrigo Duterte was surrendered to ICC custody on March 12, 2025, following an arrest warrant issued by Pre-Trial Chamber I on March 7. The ICC alleges that he is “individually responsible as an indirect co-perpetrator” for crimes against humanity, specifically murder, carried out between November 1, 2011, and March 16, 2019.
In his first appearance before the court on March 14, 2025, Duterte appeared via video link from the ICC Detention Centre. The court later scheduled a confirmation of charges hearing, initially set to begin on September 23, 2025, to determine whether there is sufficient evidence to proceed to trial.
On September 26, 2025, the ICC’s Pre-Trial Chamber denied Duterte’s request for interim release. The judges cited several risks, including the potential for witness intimidation, obstruction of the investigation, and the danger that he might flee.
In response, Duterte’s defense filed an appeal on October 14, arguing that the court failed to properly weigh humanitarian considerations, particularly his age (80) and alleged declining health.
However, the Appeals Chamber has been urged by the ICC Prosecutor’s Office to dismiss the appeal altogether. In its filing, the Prosecution argued that the defense did not identify any legal or factual errors in the Pre-Trial Chamber’s decision, and that allowing Duterte’s release would threaten the integrity of the proceedings.
ICC Assistant to Counsel Kristina Conti also warned that releasing Duterte could lead to witness interference or tampering with evidence.
To address calls for his release, ICC officials have said that technical conditions would likely be imposed to mitigate risk. Spokesperson Dr. Fadi El Abdallah stated that any interim release would need to be accompanied by strict guarantees, which could include travel restrictions, suppression of public communications, and limitations on contact with certain individuals. According to a redacted court document, Duterte has already expressed his willingness to abide by some conditions: he reportedly committed to refrain from public engagement, avoid electronic devices such as mobile phones, and limit his interactions outside close family.
Adding to the complexity of his case, ICC judges have rejected a jurisdictional challenge filed by Duterte’s defense. The court held that it retains authority over his case despite the Philippines’ withdrawal from the Rome Statute in 2019, as a preliminary examination had been underway before the withdrawal took effect.
Meanwhile, Chief Prosecutor Karim Khan was disqualified from the case in October 2025 over perceived bias, as he previously represented victims of Duterte’s alleged crimes; a deputy prosecutor is now overseeing the case.
What to expect next
The ICC Appeals Chamber’s ruling on Duterte’s interim release is set for November 28, 2025, and will be delivered in open court.
While the world watches, Duterte remains detained at the Hague Penitentiary Institution, his future closely tied to the court’s ruling, a decision that could determine whether he remains behind bars or is granted a conditional release under stringent safeguards. DEF