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The ICC Trial Chamber III granted prosecutors' request to admit witness P-1100's prior recorded testimony in the crimes against humanity case against former president Rodrigo Duterte, cutting questioning from seven hours to one hour. The defense had opposed the move, questioning the witness's relevance and personal knowledge.
The International Criminal Court Trial Chamber III has granted the Prosecution request to admit into evidence the prior recorded testimony of witness P-1100 in the crimes against humanity case against former president Rodrigo Duterte.
ICC Admits Prior Witness Testimony
The ruling, dated October 2, 2026, allows the use of P-1100's written statement under Rule 68(3) of the ICC Rules of Procedure and Evidence in place of part of his examination-in-chief. The admission is subject to the witness appearing in court and consenting to the use of the statement.
The chamber said using the prior testimony would not prejudice Duterte's rights because the defense would still have an opportunity to question P-1100 about his evidence, including his knowledge, credibility and the basis of his statements. Under Rule 68(3), prior recorded testimony may be admitted when the witness present before the chamber does not object to its use, and the defense and judges are given an opportunity to examine the witness.
The chamber also confirmed the charges of crimes against humanity against Duterte in connection with the killings during his war on drugs when he was mayor of Davao City and when he was president. The prosecution argued that granting the request would enhance the expeditiousness of the proceedings by reducing the length of the witness direct examination from seven hours to two hours, saving at least five hours of court time.
Testimony Relevant to Duterte Charges
It said P-1100's testimony was relevant to allegations that Duterte was involved in a policy to neutralize alleged criminals in the Philippines through violent crimes, including murder. The prosecution also said the testimony could shed light on the alleged modus operandi of the Davao Death Squad, as well as Duterte's alleged individual criminal responsibility, including his knowledge and intent.
In a filing dated September 22, the Duterte Defense team pointed out that the testimony of witness P-1100 is neither sufficiently relevant nor probative to the case. For the foregoing reasons, the Defence respectfully requests that the Trial Chamber reject the Prosecution Application on the basis that P-1100 proposed evidence is not sufficiently relevant or probative of the matters in dispute in this case, it said.
The Defense argued that P-1100, the prosecution's intended fact witness, does not have sufficient personal knowledge of the matters being disputed in the Duterte case. The Defense had asked the chamber to reject the request. The ICC Trial Chamber said in its decision that Rule 68(1) of the Rules mandates that the introduction of a prior recorded testimony is not prejudicial to or inconsistent with the rights of the accused or the fairness of trial.
Chamber Admit Five Witness Reports
The Chamber also admitted five reports from witness P-1100. These are PHL-OTP-0025-0267, PHL-OTP-0005-0737, PHL-OTP-0003-2952, PHL-OTP-0000-1797, and PHL-OTP-0000-1798.
However, the chamber found that P-1100 had not sufficiently used or explained the four materials in his prior testimony for them to be considered an integral part of his statement. It allowed five other associated materials, including three reports authored by P-1100 and two other documents, after finding that they formed an integral part of his testimony and were necessary to understand it.
The chamber is further satisfied that the introduction of P-1100 prior recorded testimony will advance the expeditiousness of the proceedings, reducing the time required for his questioning by the Prosecution, the ICC said. The chamber noted the Prosecution request for two hours to conduct a supplementary examination of P-1100. The Chamber finds the requested amount of time to be excessive given the nature and content of P-1100 evidence and defeats the purpose of Rule 68(3) of the Rules.
P-1100 Identity and Trial Process
The Prosecution shall therefore streamline its questioning so as to complete its examination of P-1100 within one hour, it said. The chamber warned both sides that it would closely scrutinize future requests to introduce evidence, particularly associated materials, to prevent the trial record from becoming overloaded with repetitive or minimally relevant documents. The judges said the approach was intended to keep the proceedings focused and expeditious while safeguarding the rights of the accused.
The public version of the ICC filings does not identify P-1100 by name, with substantial portions concerning his background and evidence redacted. The redactions have left open questions about whether P-1100 could be among individuals who have previously given public accounts of alleged DDS operations, including self-confessed former members Edgar Matobato and Arturo Lascañas and retired police officer Cezar Mancao. Matobato and Lascañas have previously been identified as potential insider witnesses in the ICC proceedings.
There is, however, no indication in the public ICC filing that P-1100 is Matobato, Lascañas or Mancao. The chamber stressed that it would assess P-1100's testimony based on its evidentiary value and the witness's personal knowledge. It noted that portions of the statement contained opinions or conclusions and said the defense could test the basis of those statements during questioning.
The judges also said they would consider the basis of P-1100's knowledge and the probative value of his testimony when deliberating on the case. The ICC Registry also submitted an amended E-Protocol on former President Duterte case, and the ICC denied Duterte request for expert verification of evidence.
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TheManilaTimes:This story was compiled and edited by the HeadTopics newsroom and HT AI from the reports above.
International Criminal Court Rodrigo Duterte Crimes Against Humanity Witness Testimony Davao Death Squad Witness P-1100 ICC P-1100
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