MANILA — Former President Rodrigo Duterte’s lawyers are facing a massive new batch of material ahead of his crimes-against-humanity trial at the International Criminal Court, with prosecutors disclosing 6,909 evidence items to the defense between January 7 and July 31, 2026.
But buried inside the thousands of records is a detail that could become just as important as the evidence prosecutors intend to use against him: 57 items have reportedly been classified as potentially exonerating or otherwise favorable to the defense.
The disclosure comes as Duterte’s historic ICC case moves toward its next major stage, with his trial scheduled to open in The Hague on November 30, 2026.
According to a notification on the prosecution’s disclosure of evidence cited by Bombo Radyo, the 6,909 items are divided into several categories.
Of the total, 4,573 items fall under Rule 77-related disclosure, involving materials in the prosecution’s possession or control that the defense may be permitted to inspect as part of preparing its case.
Another 2,279 items were categorized as incriminating evidence, according to the report. These reportedly include records connected to barangay-level operations, individuals identified as high-value targets, and material concerning the alleged Davao Death Squad or DDS.
The remaining 57 items were classified as potentially exonerating evidence—information that could support Duterte’s defense, undermine prosecution evidence or affect the credibility of witnesses.
That breakdown is significant because the sheer number “6,909” should not be interpreted as 6,909 separate findings of wrongdoing against Duterte. The disclosure process also encompasses materials the prosecution must make available to ensure the accused receives a fair opportunity to prepare his defense.
What prosecutors have already relied on
The latest disclosure adds to a far larger evidentiary record developed during the ICC investigation into killings allegedly connected to Duterte’s anti-drug campaign.
During proceedings earlier this year, prosecutors cited witness statements, Philippine government documents, videos of Duterte’s speeches and interviews, transcripts and translations, open-source reports, news articles and other documentary material.
Court records show prosecutors relied particularly on statements from alleged insiders and other witnesses, as well as government records and contemporaneous materials, to support their allegation that a coordinated campaign was directed against people perceived to be involved in drugs and other crimes.
At the February 2026 confirmation-of-charges hearing, prosecutors also argued that evidence demonstrated an alleged chain of command connecting Duterte, supposed DDS handlers and individuals accused of carrying out killings.
Duterte’s defense has challenged the prosecution’s theory and the sufficiency and interpretation of its evidence.
ICC judges have already confirmed the charges
The case crossed a major procedural threshold on April 23, 2026, when ICC Pre-Trial Chamber I unanimously confirmed the charges brought against Duterte and sent the case to trial.
The ICC says Duterte faces three counts of crimes against humanity arising from alleged killings during periods covered by the court’s jurisdiction over the Philippines.
Confirmation of charges does not mean Duterte has been convicted.
Under the Rome Statute system, the confirmation stage determines whether prosecutors have presented enough evidence for the case to proceed to trial. At trial, prosecutors still carry the burden of proving the charges beyond a reasonable doubt, while Duterte retains the presumption of innocence.
Why the November 30 trial matters
The ICC has scheduled the opening of Duterte’s trial for November 30, 2026, when the charges are expected to be read before Trial Chamber III and the case formally enters the trial phase.
Before then, prosecutors face additional deadlines involving their trial brief, witness list and documentary evidence.
The unusually large volume of disclosed material means Duterte’s defense team will have to analyze thousands of records and determine which prosecution exhibits to challenge, which witnesses to confront and which materials could support an alternative interpretation of events.
And the 57 potentially exonerating items could receive particular scrutiny.
Potentially exculpatory material does not automatically clear an accused person. It can include information that contradicts part of the prosecution’s theory, supports a defense argument or affects the credibility of a prosecution witness.
Its ultimate importance will depend on what the documents contain and how judges evaluate them alongside the rest of the evidence.
Duterte case enters its most consequential phase
Duterte has been in ICC custody since his arrest and transfer to The Hague in March 2025, following an ICC warrant connected to the court’s investigation into alleged crimes committed during his years as Davao City mayor and later as president.
The Philippines formally withdrew from the Rome Statute in 2019, but the ICC has maintained that it retains jurisdiction over alleged crimes committed while the country was still a State Party.
That jurisdictional position has repeatedly been challenged politically and legally by Duterte and his supporters.
Now, however, the courtroom battle is increasingly shifting away from arguments over whether the investigation should have existed at all and toward a much narrower question:
Can prosecutors prove beyond a reasonable doubt that Duterte bears criminal responsibility for the killings alleged in the case?
With nearly 7,000 additional disclosure items already in the hands of his lawyers—and thousands more pages of testimony, government records, videos and investigative material forming part of the wider case—the answer will depend not simply on how much evidence exists, but on which evidence survives cross-examination once Duterte’s trial begins.
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