ICC allows prior testimony of witness in Rodrigo Duterte case
MANILA, Philippines — The International Criminal Court has allowed prosecutors to introduce the prior recorded testimony of a witness in the crimes against humanity of murder trial of former president Rodrigo Duterte.
In a decision dated October 2, Trial Chamber III granted the prosecution's request to introduce the written statement of the witness, identified as P-1100, under Rule 68(3) of the ICC Rules of Procedure and Evidence.
The Chamber said the admission of the testimony would not prejudice Duterte's rights or the fairness of the proceedings.
“Rule 68(3) of the Rules does not replace oral testimony but, rather, complements it, and the Defence will have full opportunity to question P-1100 on any issues relating to his testimony,” the Chamber said.
The decision is a preliminary ruling and remains subject to P-1100 appearing before the Chamber and consenting to the introduction of his written statement.
The prosecution had said P-1100's testimony is relevant to its allegations involving a policy to "neutralise" alleged criminals in the Philippines through violent crimes, including murder.
It also said the witness's evidence concerns the alleged modus operandi of the Davao Death Squad and Duterte's individual criminal responsibility, including his knowledge and intent.
The ICC noted that P-1100's testimony was expected to be corroborative of evidence from other witnesses who are scheduled to testify in person.
The prosecution had asked to conduct a two-hour supplementary examination of P-1100 instead of a full examination, which it estimated would take seven hours.
The Chamber, however, said two hours was excessive.
“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 decision read.
It ordered the prosecution to streamline its questioning and complete its examination of P-1100 within one hour.
Defense opposed admission
Duterte's defense had asked the Chamber to reject the prosecution's request.
The defense argued that P-1100's evidence predates the charged period and questioned whether the witness had sufficient factual basis to support the broader propositions for which his evidence was being offered.
It also argued that introducing the testimony could result in lengthy cross-examination, potentially taking the proceedings away from the matters actually in dispute.
The Chamber was not persuaded.
It said P-1100's testimony appeared relevant to the background and context of the case.
“Although P-1100’s prior recorded testimony contains some opinion statements, the Defence will have the opportunity to question the witness, including to test the basis of P-1100’s knowledge, to probe the foundation for the interpretations he offers, and to elicit the limits of what he is, and is not, able to say from personal observation,” the Chamber said.
It said questions about the weight to be given to P-1100's testimony would be considered later.
The Chamber said it would assess the "probative value" of the witness's testimony, including the basis of his knowledge, as part of its overall assessment when deliberating on the judgment.
ICC rejects 4 supporting materials
While the Chamber allowed P-1100's written testimony, it rejected four pieces of associated material that the prosecution wanted introduced with it.
These were identified as PHL-OTP-0000-1794, PHL-OTP-0000-1795, PHL-OTP-0000-1796 and PHL-OTP-0000-1799.
The Chamber said the witness did not sufficiently use or explain the materials in his prior recorded testimony for them to form an integral part of his statement.
For PHL-OTP-0000-1799, the Chamber said P-1100 did not refer to the substance of the material and that it was unclear which documents he was referring to.
“As a result, contrary to the Prosecution’s assertion, the Chamber does not find that the item PHL-OTP-0000-1799 is necessary to understand P-1100’s evidence and rejects its introduction pursuant to Rule 68(3) of the Rules," it said.
The Chamber also rejected the other three materials, saying P-1100 did not use and explain them sufficiently for them to be considered integral to his testimony.
The ICC did allow five other associated materials, finding that these formed an integral part of P-1100's prior recorded testimony and were necessary to understand it.
These were PHL-OTP-0025-0267, PHL-OTP-0005-0737, PHL-OTP-0003-2952, PHL-OTP-0000-1797 and PHL-OTP-0000-1798.
The Chamber also reminded the prosecution that it would scrutinize evidence sought to be introduced into the trial record, particularly where a large number of witnesses could result in the inclusion of repetitive or irrelevant material.
"The Chamber signals its approach to the parties with a view to ensuring that this trial unfolds in a focused and expeditious manner and that the rights of the accused are safeguarded," it said.
Duterte faces crimes against humanity of murder charges over alleged killings during his time as Davao City mayor and president of the Philippines.
The 81-year-old former president appeared before the ICC in person for the first time on September 16 during the third status conference, when the chamber also heard arguments concerning his health and ability to stand trial.
Philippine authorities arrested Duterte in Pasay City on March 11, 2025, before turning him over to the ICC. He was flown to The Hague, Netherlands, where he remains in ICC custody.
Trial Chamber III later ruled that Duterte should remain detained, citing the likelihood that he could abscond or obstruct or endanger the investigation or court proceedings.
His trial is scheduled to begin on Nov. 30, 2026.
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