FACT CHECK: ICC’s rejection of Duterte’s appeal for interim release misrepresented as reclusion perpetua sentence

Claim: Former president Rodrigo Duterte has been sentenced to reclusion perpetua in his International Criminal Court (ICC) case. 

Rating: FALSE 

Why we fact-checked this: The video bearing the said claim has already received 45,017 views and 3,500 reactions as of writing. It was posted on March 8, 2026, days after the ICC junked Duterte’s new appeal for interim release. 

The thumbnail of the video shows a photo of Duterte behind bars and another image of his children, Sebastian Duterte, Veronica “Kitty” Duterte, Sara Duterte, and Paolo Duterte. The text on the thumbnail reads: “Reclusion Perpetua. Habang buhay kulong (life imprisonment).”

The title also says, “Former president Duterte habang buhay nang makulong sa ICC (Former president Duterte sentenced to life imprisonment in ICC).” 

The content creator cited news reports, specifically from GMA News’ Saksi and ABS-CBN News’ DZMM Teleradyo, highlighting that the former president will not be able to return to the Philippines. 

Most of the comments believed the said claim. One commenter wrote, “THIS IS  A BIG VICTORY  FOR THE PHIL./ PEOPLE!! THE ICC UNDERSTANDS THE  CRIMES/ CORRUPTIONS  COMMITTED AGAINST  THE COUNTRY/ CITIZENS!!” 

The facts: Contrary to the claim, the news reports did not say that the former president has been sentenced to life imprisonment by the ICC. They only reported that the ICC affirmed the earlier decision of the pre-trial chamber to reject Duterte’s appeal for interim release. 

In the news report of Saksi, posted on March 7, 2026, news anchor Mariz Umali says: “Mananatiling nakakulong si dating pangulong Rodrigo Duterte sa The Hague, Netherlands. Ito’y matapos katigan ng appeals chamber ng ICC o International Criminal Court ang naunang desisyon ng Pre-Trial Chamber 1 na manatili roon si Duterte. Ibinasura nang buo ng appeal’s chamber ang mga argumento ng depensa at apela ni Duterte.”

(Former president Rodrigo Duterte will remain in detention in The Hague, Netherlands. This is after the appeals chamber of the ICC or International Criminal Court upheld the previous decision of Pre-Trial Chamber 1 that Duterte remain there. The appeals chamber completely dismissed the arguments of Duterte’s defense and appeal) 

In the report of DZMM Teleradyo, broadcasted on March 7, 2026, Christian Yosores also reported about the recent decision of the ICC Appeals Chamber. Nowhere in the two news reports did the news anchors say that Duterte was sentenced to reclusion perpetua.

Reclusion perpetua: Article 27 Section 1 of Revised Penal Code’s Chapter 3 defines reclusion perpetua as a penalty of imprisonment from 20 years and one day to 40 years and is different from a life sentence. 

ICC’s Rome Statute also does not mention the exact term “reclusion perpetua” as among their sentences. But the Court may impose either an imprisonment for a specified number of years up to 30 years or life imprisonment. 

ICC decision: In a decision released on March 6, 2026, the ICC Appeals Chamber unanimously confirmed the decision of the Pre-Trial Chamber and rejected the plea of Duterte’s defense counsel for interim release. 

The defense argued that the pre-trial chamber made a mistake in rejecting Duterte’s appeal for interim release by disregarding the content of medical evidence supplied by leading professions. But the judges affirmed that the earlier decision underwent fair proceedings.

“The Appeals Chamber noted, inter alia, that the Defence’s report does not include any new information concerning Mr. Duterte’s health condition since the two medical practitioners selected by the Defence did not conduct any new examination of Mr Duterte,” the press release said.

The rejection of Duterte’s appeal for interim release is separate from the written decision that the judges will issue within 60 days after the confirmation of charges hearing. 

The judges will either confirm the charges due to sufficient evidence, decline to confirm the charges due to insufficient evidence, or adjourn the hearing and request for further investigation. 

Duterte case: Duterte was arrested on March 11, 2025 and was sent to The Hague, the Netherlands, for alleged crimes against humanity stemming from his administration’s drug war campaign. Human rights groups noted that over 30,000 victims, including children, have been killed. 

Previous fact-checks: Rappler has previously debunked similar claims about Duterte’s ICC detention: 

• FACT CHECK: ICC hasn’t declared Duterte ‘not guilty’ in drug war case 
• FACT CHECK: ICC judges did not withdraw from Duterte case 
• FACT CHECK: Duterte not back in PH; video misuses 2025 news report of his arrest 
• FACT CHECK: Duterte not back in PH; video misuses 2025 news report of his arrest 
• FACT CHECK: ICC ruling on Duterte waiver misrepresented as decision on his release 

– Angelee Kaye Abelinde/Rappler.com 

Angelee Kaye Abelinde is a student journalist based in Naga City, and an alumna of Rappler’s Aries Rufo Journalism Fellowship 2024. 

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