Nearly a year after former President Rody Duterte was brought to The Hague, the International Criminal Court proceedings are moving toward a confirmation of charges hearing, while his appeal against continued detention remains unresolved.
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In her latest episode, PGMN Anchor Atty. Regal Oliva laid out the procedural milestones that now define the case. On January 26, Pre-Trial Chamber I ruled that reasonable grounds remain to believe crimes within the court’s jurisdiction were committed and ordered that detention continue. Oliva clarified the legal weight of that ruling. “Reasonable grounds to believe is not proof. It is not conviction,” she said.
Two days later, on January 28, Duterte’s legal team filed a formal appeal before the ICC Appeals Chamber. The defense argued that the pre-trial chamber committed errors of law and fact, including alleged failure to properly assess medical reports citing deteriorating health and compromised cognitive condition. The appeal remains pending.
The confirmation of charges hearing is set to begin on February 23, 2026. Under Article 61 of the Rome Statute, prosecutors must establish substantial grounds to believe the accused committed the crimes charged. If confirmed, the case proceeds to trial, where Article 66 requires proof beyond reasonable doubt. “Beyond reasonable doubt is the highest criminal standard known to law,” Oliva said.
A lesser redacted charging document outlines a prosecutorial theory of a common plan from 2011 to 2019 under Article 25 paragraph 3 on co-perpetration. Those named include Duterte, Senator Bong Go, Senator Ronald “Bato” Dela Rosa, former Justice Secretary Vitaliano Aguirre II, former PNP chiefs Oscar Albayalde and Camilo Cascolan, former police official Vicente Danao, former NBI director Dante Gierran, and former PDEA chief Aaron Aquino. Oliva emphasized the distinction at the center of the case. “Rodrigo Duterte remains an accused, not a convict,” she said.
