MANILA — The defense team of former President Rodrigo Duterte has asked the International Criminal Court (ICC) to remove two proposed prosecution witnesses, arguing that their accounts rely largely on rumors, hearsay, and information obtained from media reports.

In a redacted filing released on Nov. 9, Duterte’s counsel Peter Haynes urged ICC Trial Chamber III to strike P-1334 and P-1348 from the prosecution’s witness list.

Haynes said the two witnesses, whose previously recorded testimonies prosecutors want admitted under Rule 68(2)(b), were absent for almost the entire period covered by Counts 2 and 3 of the charges against Duterte.

“Accordingly, they can have almost no direct knowledge of how decisions were taken [REDACTED] or how operations were conducted during Mr Duterte’s presidency,” Haynes said in the filing.

Defense challenges accounts involving Dela Rosa, alleged quotas

On Oct. 26, Acting Prosecutor Mame Mandiaye Niang asked Trial Chamber III to admit the prior recorded testimonies and related evidence of P-1334 and P-1348.

The prosecution’s evidence allegedly implicates former Philippine National Police chief and incumbent Senator Ronald “Bato” dela Rosa, and refers to supposed target lists of drug personalities, killing quotas, financial rewards, and the implementation of Duterte’s anti-drug campaign.

P-1334’s testimony also concerns Incident 13, the shooting that killed former Albuera, Leyte Mayor Rolando Espinosa Sr. and Raul Yap, and Incident 53, involving the killing of an alleged drug pusher and another victim by operatives of the PNP Anti-Illegal Drugs Group.

Duterte’s defense disputed the reliability of the accounts, describing them as “substantially based on rumour, hearsay, and information obtained through the media.”

“She never saw Dela Rosa do anything of the sort, and recognized that her account is based on stories she had heard,” Haynes argued, referring to P-1334 and citing prosecution transcripts that have not been made public.

The defense also questioned P-1334’s knowledge of the alleged killings in Incident 53, describing it as “limited.” It said her claims concerning Incident 13 “[come] entirely from newspapers or ‘people talking’.”

Regarding P-1348, Haynes argued that the witness’ prior recorded testimony had little evidentiary value because she could not provide direct information on significant matters in the case.

He said P-1348 “cannot speak from personal experience” about the alleged killing quotas and “she accepted that her account is based entirely on hearsay.”

“In addition, her evidence appears to have been shaped by information obtained from news reports and social media concerning the nanlaban narrative, rather than by any direct familiarity with the events.”

Defense questions evidentiary value of testimonies

Although Duterte’s lawyers did not take a position on the prosecution’s request to admit the two witnesses’ prior recorded statements under Rule 68(2)(b), they criticized the proposed evidence as having “marginal value.”

“[These are] concerning matters said to support the contextual elements, but resting on a fragmented and increasingly attenuated chain of hearsay from unidentified individuals, ‘stories’, press articles and, more seriously, speculation,” Haynes said.

Aside from seeking the removal of P-1334 and P-1348 from the witness list, the defense asked the chamber to admit only portions of their statements that concern matters other than Duterte’s alleged acts and conduct.

Haynes also urged the court not to rely on the prosecution’s application insofar as it seeks to introduce testimony concerning Duterte’s alleged links to the Davao Death Squad and drug cartels; his supposed targeting of mayors [REDACTED] who did not support him; his use of public funds to pay [REDACTED]; and his public call for drug users to register in barangays.

The latest filing is part of a series of efforts by Duterte’s defense to challenge prior recorded testimonies that prosecutors seek to introduce under Rule 68(2)(b) without requiring the witnesses to appear in court.

Trial Chamber III has yet to rule on the three prosecution applications.

Duterte faces three counts of crimes against humanity and is scheduled to stand trial before the ICC on Nov. 30, 2026.