ICC grants prosecution's request to include prior testimony of witness in Rodrigo Duterte case

The International Criminal Court (ICC) Trial Chamber has granted the Prosecution’s request to admit into evidence the previously recorded testimony of a key witness in the crimes against humanity case against former president Rodrigo Duterte.

In an order dated October 2, 2026, the ICC said it “GRANTS the Prosecution’s Request to introduce into evidence the written statement of P-1100 pursuant to Rule 68(3) of the Rules.”

In a document dated September 7, the Prosecution asked permission to introduce the prior recorded testimony of witness P-1100 under Rule 68(3) of the ICC Rules of Procedure and Evidence.

The prosecution also asked to conduct a focused supplementary examination of the witness once he appears in court.

“Granting the request will enhance the expeditiousness of the proceedings by reducing the length of the witness’s direct examination from seven hours to two hours, thus saving at least five hours of court time,” the Prosecution said.

Duterte’s Defense team had asked the Chamber to reject the prosecution's request to admit the previously recorded testimony of a witness.

In a filing dated September 22, Duterte's Defense team pointed out that the testimony of witness P-1100 is neither sufficiently relevant nor probative to the case.

“For the foregoing reasons, the Defence respectfully requests that the Trial Chamber REJECT the Prosecution’s Application on the basis that P-1100’s proposed evidence is not sufficiently relevant or probative of the matters in dispute in this case,” it said.

The Defense argued that P-1100, the prosecution’s intended fact witness, does not have sufficient personal knowledge of the matters being disputed in Duterte's case.

The Prosecution, however, in its request, said the testimony is relevant to its allegations involving a policy to “neutralise” alleged criminals in the Philippines through violent crimes, including murder.

The testimony also provides evidence on the alleged modus operandi of the Davao Death Squad (DDS), as well as Duterte's alleged individual criminal responsibility, including his knowledge and intent, according to the Prosecution.

The ICC Trial Chamber said, in its decision, that “Rule 68(1) of the Rules mandates that the introduction of a prior recorded testimony is not prejudicial to or inconsistent with the rights of the accused or the fairness of trial.”

The Chamber also admitted five reports from witness P-1100 — PHL-OTP-0025-0267, PHL-OTP-0005-0737, PHL-OTP-0003-2952, PHL-OTP-0000-1797, and PHL-OTP-0000-1798.

“The Chamber is further satisfied that the introduction of P-1100’s prior recorded testimony will advance the expeditiousness of the proceedings, reducing the time required for his questioning by the Prosecution,” the ICC said.

“However, the Chamber notes the Prosecution’s request for two hours to conduct a supplementary examination of P-1100.50. The Chamber finds the requested amount of time to be excessive given the nature and content of P-1100’s evidence and defeats the purpose of Rule 68(3) of the Rules. The Prosecution shall therefore streamline its questioning so as to the complete its examination of P-1100 within one hour,” it said.

The trial is scheduled to begin on November 30, 2026.

Last April, the ICC confirmed the charges of crimes against humanity against former Duterte in connection with the killings during his war on drugs when he was mayor of Davao City and when he was president. —KG, GMA News