Photo courtesy: Human Rights Watch
By Ivy Tejano
DAVAO CITY – Prosecutors at the International Criminal Court (ICC) have asked the court to allow the use of previously recorded testimony from the key witness in the case against former Philippine President Rodrigo Duterte.
The Office of the Prosecutor filed the request under Rule 68(3), seeking to present the earlier testimony and related evidence while reducing the time needed for the witness’s live questioning.
Earlier Peter Haynes the lead defense counsel for former Philippine President Rodrigo Duterte at the International Criminal Court (ICC) petitioned the court for the refiling of the original complaint following the bloating of alleged numbers of alleged EJK victims. It can be recalled that when Duterte was flown to The Hague, Netherlands a charge sheet was read before him for alleged killing of 43 victims by EJK which the Prosecution constituted a crime against humanity.
Lately the prosecution issued declarations that 1,500 to 2,000 victims of EJK which was carried out by Davao Death Squad were buried in an abandoned quarry. The prosecution also claimed that DDS was organized by Duterte.
It is also on record that since 2009, when the Commission on Human Rights chaired by Leila de Lima, not a single piece of evidence had been exhumed from the site despite several diggings done by CHR and supervised by de Lima herself.
Based on the ICC records, a redacted version of the request was made public on September 7, 2026, under case number ICC-01/21-01/25-484-Red. The original filing was dated August 31.
Acting Prosecutor Mame Mandiaye Niang said using the witness’s previous testimony could cut the prosecution’s direct examination from about seven to two hours, saving five hours of court proceedings.
“The shorter examination would also take Duterte’s health condition into account,” the prosecution said.
A witness, identified as P-1100, previously gave testimony that prosecutors described as relevant to allegations that criminals in the Philippines were targeted through violent acts, including murder.
The prosecution said the testimony could also shed light on the alleged operations of the Davao Death Squad (DDS) and Duterte’s alleged individual criminal responsibility, including his knowledge and intent.
Based on past records, DDS was created by then Integrated National Police Regional Commander Col. Dionisio Tan-gatue Jr. way back in 1984 at the height of communist insurgency in Davao City. It is part of the psychological warfare used by Tangatue to repulse the vicious NPA liquidation squad known as the “Sparrows”. Duterte just graduated from law and later passed the bar and appointed as assistant city fiscal.
Prosecutors argued that using the prior testimony would not violate Duterte’s rights because P-1100 would still be available for cross-examination by the defense.
The witness could also face further questions from the Trial Chamber, prosecution, victims’ legal representatives, and other parties, subject to the court’s rules.
The request was filed before Trial Chamber III, composed of Presiding Judge Joanna Korner and Judges Keebong Paek and Nicolas Guillou.
The original filing was submitted confidentially because it contained sensitive information about the witness. The ICC later released a redacted version for public access.
Court records also show that the prosecution separately filed submissions on August 31 concerning amendments to the E-Court Protocol, as well as its list of witnesses and evidence.
The Trial Chamber has yet to rule on the prosecution’s request to admit P-1100’s previous testimony.
