MANILA — Former President Rodrigo Duterte’s lawyers are seeking to block the International Criminal Court (ICC) prosecution from using the previously recorded testimony of a witness they say lacks sufficient personal knowledge to establish key allegations involving the Davao Death Squad and Duterte’s alleged criminal responsibility.
In a filing dated September 22, the defense asked the ICC Trial Chamber to reject the prosecution’s application to admit the prior recorded testimony of witness P-1100, arguing that the proposed evidence is neither sufficiently relevant nor probative of matters disputed in 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,” the defense said.
Alternatively, Duterte’s lawyers asked the Trial Chamber to reject four pieces of prosecution material identified as PHL-OTP-00001799, PHL-OTP-00001796, PHL-OTP-00001794 and PHL-OTP-00001795 under Rule 68(3).
The prosecution has presented P-1100 as a fact witness whose testimony could help establish an alleged policy to “neutralise” criminals through violent acts, including killings.
Prosecutors also said the testimony could provide evidence on the alleged operations of the Davao Death Squad and Duterte’s alleged individual criminal responsibility, including his knowledge and intent.
The defense, however, argued that P-1100 does not have sufficient personal knowledge of several matters at issue and questioned whether the witness could establish links between incidents predating the period covered by the charges and alleged killings committed during Duterte’s presidency.
The ICC case covers alleged crimes committed from November 1, 2011 to March 16, 2019.
Duterte’s lawyers cited portions of P-1100’s statement that they said attempted to connect killings in 2009 with deaths allegedly recorded in 2016.
They also disputed the witness’ ability to provide reliable evidence about the alleged organization, hierarchy, operations and command structure of the Davao Death Squad based on P-1100’s own account.
The defense separately objected to documents and other “associated material” the prosecution wants admitted together with P-1100’s recorded testimony.
Duterte’s lawyers argued that merely mentioning or referring to documents during a statement does not establish that the witness had adequately “used and explained” the materials for them to be treated as an integral part of the testimony.
The defense maintained that the prosecution had failed to establish a sufficient basis for admitting P-1100’s recorded testimony and the accompanying materials.
Duterte was arrested in Pasay City on March 11, 2025 and subsequently transferred to ICC custody in The Hague.
He faces charges of crimes against humanity in connection with killings allegedly committed while he was Davao City mayor and later president of the Philippines.
His ICC trial is scheduled to open on November 30, 2026./PN
