Duterte's defense asks ICC to reject witness testimony

The defense team of former Philippine President Rodrigo Duterte has asked the International Criminal Court (ICC) to reject the prosecution's request to admit the previously recorded testimony of witness P-1100. The filing was made on September 22. The defense team argued that witness P-1100's testimony is neither "sufficiently relevant nor probative" to the disputed matters in the case. Alternatively, they requested the ICC Trial Chamber to reject the admission of specific exhibits (PHL-OTP-00001799, PHL-OTP-00001796, PHL-OTP-00001794, and PHL-OTP-00001795) under Rule 68(3). Duterte's lawyers contended that P-1100, the prosecution's intended fact witness, does not possess sufficient personal knowledge of the matters in dispute. They argued that the witness cannot provide direct evidence on several issues because he allegedly lacks personal knowledge. The Prosecution had previously stated that P-1100's evidence could help establish an alleged policy to "neutralize" criminals through violent crimes, including murder. It also said the testimony could provide evidence concerning the alleged modus operandi of the Davao Death Squad (DDS) and Duterte's alleged individual criminal responsibility, including his knowledge and intent. However, the defense team questioned the witness's ability to connect events that occurred before the charged period to alleged killings during Duterte's presidency. The charged period in the case runs from November 1, 2011, to March 16, 2019. Furthermore, the defense team disputed the witness's ability to testify about the alleged structure, operations, hierarchy, or command of the DDS based on his account. They also objected to some pieces of "associated material" that the Prosecution wants admitted along with P-1100's prior recorded testimony. The Defense argued that simply referring to documents does not establish that the witness had "used and explained" them sufficiently for the documents to form an integral part of his testimony. Duterte was arrested by Philippine authorities in Pasay City and handed over to the ICC on March 11, 2025. He was flown via a chartered plane to The Hague, where he will be tried for crimes against humanity in relation to his bloody war on drugs while he was mayor of Davao City and President of the Philippines. The trial is scheduled to begin on November 30, 2026.