.webp)
Former President Rodrigo Duterte at the ICC. Handout
MANILA — International Criminal Court prosecutors have requested permission to submit the prior written testimony and associated records of a key witness in the case against former President Rodrigo Duterte, a move aimed at cutting down court time ahead of the scheduled November trial.
In a formal application filed at The Hague on Sept. 7, 2026, the Office of the Prosecutor asked the Trial Chamber to admit the statement and accompanying materials of a witness identified as P-1100 under Rule 68(3) of the ICC Rules of Procedure and Evidence.
According to Acting Prosecutor Mame Mandiaye Niang, granting the request would reduce the witness's direct live examination from seven hours to two hours, "thus saving at least five hours of court time."
Prosecutors emphasized that streamlining the proceedings is particularly vital given the context of the case. In the filing, the Prosecution noted that "having the health of the Accused in mind, the Chamber has also explicitly encouraged the use of rule 68(3)."
The Prosecution argued that P-1100’s written statement is "relevant, reliable, and probative," directly touching upon key aspects of the case.
"As such, his evidence is particularly relevant to the policy to 'neutralize' through violent crimes, including murder, alleged criminals in the Philippines," the filing stated. "It also provides evidence of the Davao Death Squad’s (‘DDS’) modus operandi, as well as the Accused’s individual criminal responsibility, including in relation to his knowledge and intent."
While significant portions of the witness's background and specific exhibits remain redacted in the public version of the document, prosecutors noted that the material is internally consistent and supports expected live testimony from several other witnesses, including those designated as P-0001, P-0026, P-1022, P-1036, and P-1390.
To ensure fairness, the Prosecution argued that admitting the written testimony would not violate the former President's rights. Under Rule 68(3), the witness must appear in court, confirm the accuracy of the statement, and consent to its submission.
The witness will then be available for live questioning and cross-examination by the defense, judges, and legal representatives of victims.
"The introduction of P-1100’s Prior Recorded Testimony into evidence would not be prejudicial to or inconsistent with the rights of the Accused, as the Defense will have ample opportunity to cross-examine him," the Prosecution stated, adding that the defense has sufficient time to prepare before the trial begins on Nov. 30, 2026.
If the Chamber approves the request, prosecutors plan to conduct a two-hour supplementary examination to clarify specific aspects of the evidence and explore key exhibits before handing the witness over for cross-examination.