Former Philippine president Rodrigo Duterte appears at the International Criminal Court during the third status conference in the case of The Prosecutor v. Rodrigo Roa Duterte, September 16, 2026. Handout/ICC via Flickr
MANILA — The International Criminal Court (ICC) Trial Chamber III has approved the Prosecution’s request to introduce the prior recorded testimony of a key witness in the crimes against humanity case against former Philippine President Rodrigo Duterte.
In a 15-page public redacted decision issued on October 2, 2026, the court led by Presiding Judge Joanna Korner alongside Judge Keebong Paek and Judge Nicolas Guillou granted the submission of testimony from a witness designated under the code "P-1100," pursuant to Rule 68(3) of the ICC Rules of Procedure and Evidence.
According to the Prosecution, P-1100's testimony contains critical details regarding an alleged policy to "neutralise" through violent crimes, including murder, alleged criminals in the Philippines, as well as the modus operandi of the Davao Death Squad (DDS).
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Addressing objections from the Defense regarding the temporal scope and nature of the witness's evidence, the Chamber affirmed that it "is satisfied that the substance of P-1100's evidence and the reports he produced appear relevant to the background and context in this case."
Although the witness's prior recorded statement was allowed in order to advance the expeditiousness of proceedings, Trial Chamber III rejected the Prosecution's request for two hours to conduct a supplementary examination of P-1100.
Finding the requested two-hour timeframe "excessive given the nature and content of P-1100's evidence," the court ordered the Prosecution to "streamline its questioning so as to the complete its examination of P-1100 within one hour."
COURT WARNING
Regarding the associated materials requested by the Prosecution alongside P-1100's testimony, the Chamber approved five items including formal reports directly authored and submitted by the witness (items PHL-OTP-0025-0267, PHL-OTP-0005-0737, and PHL-OTP-0003-2952).
However, the court rejected four other items (PHL-OTP-0000-1794, PHL-OTP-0000-1795, PHL-OTP-0000-1796, and PHL-OTP-0000-1799) after finding that the witness did not meaningfully use or explain them in his statement.
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The Chamber cautioned the Prosecution against submitting excessive evidence, reminding prosecutors to avoid submitting materials "which are repetitive or of such limited relevance as to be almost irrelevant."
The ICC underscored that introducing prior recorded statements does not undermine fair trial guarantees, emphasizing that written testimony "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 ruling remains subject to P-1100 appearing in court in person and consenting to the introduction of his written statement.
Duterte, 81, made his first in-person appearance at the ICC last September 16, where he is facing charges over the war on drugs during his administration.
During hearings in February, the prosecution alleged Duterte killed thousands of suspected drug dealers and users, first as mayor of Davao City, then as president.
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