ICC prosecution requests more witness testimonies to be introduced as evidence
Program Paghilom turns over the cremated remains of two extrajudicial killing (EJK) victims to their families during a ceremony at Sacred Heart Shrine and Parish in Quezon City on Wednesday, March 11, 2026, marking a step toward healing and justice as families finally mourn and honor their loved ones after years of uncertainty. A Memorial Wall is also unveiled to remember the victims and reflect on the lasting impact of EJK violence. The event coincides with the first anniversary of the arrest of former President Rodrigo Duterte. Maria Tan, ABS-CBN News MANILA — In its latest and eighth application, prosecutors of the International Criminal Court (ICC) have requested Trial Chamber III for a formal submission of the transcripts or “prior recorded testimonies” of three additional witnesses in its crimes against humanity case against former President Rodrigo Duterte.
In a November 3 public redacted version of its submission, the prosecution further requested for a “limited and focused” viva voce or oral supplementary examination of the said witnesses.
Such a conduct, it says, “will enhance the expeditiousness of the proceedings by reducing the length of the witnesses’ direct examination from nine hours to three hours, thus saving at least six hours of court time.”
The Prosecution also described the testimonies of the three witnesses, identified merely as P-0019, P-1032, and P-1409, as “relevant, reliable, and probative.”
They are expected to provide evidence on the alleged extrajudicial killings perpetrated by the so-called Davao Death Squad (DDS) against alleged criminals during Duterte’s mayoral term.
Prosecutors explained the testimonies will further attest to a widespread pattern of killings and a supposed atmosphere of fear and impunity in Davao, as well as show Duterte’s individual criminal responsibility, “including his knowledge and intent of these crimes.”
Prior recorded testimonies primarily include transcribed witness statements, along with associated material such as spreadsheets, news reports and even sketches of certain locations discussed during interviews, such as the Laud Quarry and its supposed use as a gravesite.
Both the defense team and common legal representatives of victims (CLRV) will also have an opportunity to cross examine the witnesses.
The said request is in accordance with Rule 68 of the ICC Rules of Procedure and Evidence, which governs the admission of previously recorded witness testimony.
Under Paragraph 3 of Rule 68, previously recorded statements or testimonies may be introduced into evidence to streamline proceedings and avoid unnecessary repetition, with the condition that the witness appears before the court and is examined by the parties and judges.
The prosecution underscored how Trial Chamber III had also previously encouraged, in its previous status conferences, the use of Rule 68 (3). It also emphasized that the testimonies of the three additional witnesses are “corroborative and cumulative to the evidence to be provided” by several other witnesses.
Prior to its current application, the prosecution has already made seven other similar requests for the application of Rule 68 (3) on a total of twenty-three witnesses now, including one expert witness, since August 2026:
• 1st application – witness P-1100 (Aug 31 with public redacted version on Sept 7)
• 2nd application – witnesses P-1087, P-1151, P-1158, P-1161, and P-1204 (Oct 12 with public redacted version on Oct 16)
• 3rd application – witnesses P-0008, P-1164, and P-1303 (Oct 19 with public redacted version on Oct 21)
• 4th application – expert report provided by P-1400 (Oct 21 with public redacted version on Oct 23)
• 5th application – witnesses P-1155, P-1156, and P-1157 (Oct 22 with public redacted version on Occt 23)
• 6th application – witnesses P-1136, P-1345, P-1391, and P-1404 (Oct 27 with public redacted version on Nov 2)
• 7th application – witnesses P-1097, P-1170, and P1318 (Oct 28 with public redacted version on Nov 2)
• 8th application – witnesses P-0019, P-1032, and P-1409 (Oct 28 with public redacted version on Nov 3)
Majority of the applications were made for witnesses that are expected to provide evidence on the Philippine National Police’s role in the implementation of Duterte’s “war on drugs.”
This allegedly involves staging police arrests through so-called “nanlaban” narratives, evidence planting and cover-ups; as well as Duterte’s individual criminal responsibility, in relation to the alleged targeting of individuals, through so-called High Value Targets (HVTs) and the President Rodrigo Roa Duterte or PRRD list.
So far, the Chamber has granted the prosecution’s first application to introduce into evidence the written statement of P-1100 pursuant to Rule 68 (3), including the introduction of associated material, while also rejecting the introduction of some specific items of evidence.
On the other hand, the prosecution requested for Rule 68 (2) (b) to be applied to eight of its other witnesses.
Under Paragraph 2 (b), the trial chamber may admit prior testimony to replace or substitute a live testimony for as long as it relates to matters that are not disputed, has cumulative or corroborative nature, relates to background information, reliable enough, and accompanied by a declaration of truthfulness and correctness from the testifying person and witnessed by an authorised person.
Duterte’s trial is set to commence on November 30. The submissions, if granted by the trial chamber, provide a glimpse into how the proceedings will be conducted.