THE LEGAL team of former President Rodrigo Duterte formally requested permission to add 78 new items to its List of Evidence as it prepares for a critical hearing at the International Criminal Court (ICC).
The request, filed by lead counsel Atty. Nicholas Kaufman to Pre-Trial Chamber I, comes in response to the prosecution’s recent disclosure of 1,242 additional items following a postponement of the Confirmation of Charges hearing, now scheduled for Feb. 23, 2026.
Countering prosecution disclosures
The defense argued that these new items are essential for properly challenging the prosecution’s case.
According to the filing, several of the Prosecution’s new materials were identified as potentially exculpatory or vital for the defense’s preparation, and 24 of the requested items were only disclosed after the original deadline, while others became relevant only after a comprehensive review of the prosecution’s later submissions.
Finally, the defense maintained that the 78 items listed in Confidential Annex A were directly relevant to the charges and necessary for the confirmation stage.
Citing Article 61(6)(c) of the Rome Statute and Rule 121(6), the legal team contended that the request does not seek to change existing deadlines but merely to supplement the evidence list.
The defense stressed that the move caused no “unfair prejudice” to other parties, noting that the request was filed in a timely manner, the prosecution is already familiar with the materials, and the prosecution did not oppose the request.
The defense warned that refusing to include these items would unfairly prejudice Duterte’s right to a proper defense, whereas approval would cause no harm to the proceedings.
