Rodrigo Duterte's defense team asks ICC to reject witness testimony

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The defense team of former President Rodrigo Duterte has asked the International Criminal Court (ICC) Trial 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.

In the alternative, the Defense has requested for the ICC Trial Chamber to “REJECT the request for admission of PHL-OTP-00001799, PHL-OTP-00001796, PHL-OTP-00001794, and PHL-OTP-00001795 under Rule 68(3).”

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.

Duterte’s lawyers argued that P-1100 cannot provide direct evidence about several matters because he allegedly has no personal knowledge of them.

The Prosecution earlier said P-1100's evidence could help establish an alleged policy to "neutralise" criminals through violent crimes, including murder.

Also, the Prosecution said the testimony could provide evidence concerning the alleged modus operandi of the Davao Death Squad and Duterte's alleged individual criminal responsibility, including his knowledge and intent.

But the Defense questioned the witness' 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.

Duterte’s defense team cited portions of P-1100's statement that allegedly link killings in 2009 to killings allegedly committed in 2016.

The Defense also disputed the witness' ability to testify about the alleged structure, operations, hierarchy, or command of the DDS based on his account.

Duterte’s defense team also objected to some pieces of "associated material" that the Prosecution wants admitted together 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 was 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. —AOL, GMA News