LAWYERS for former president Rodrigo Duterte have asked the International Criminal Court (ICC) for permission to expand their list of evidence ahead of the confirmation of charges hearing later this month, citing new disclosures by prosecutors that they say are crucial to mounting an effective defense.
In a filing dated Feb. 6, 2026, and submitted to Pre-Trial Chamber I, Duterte’s defense team requested leave to add 78 additional items to its official List of Evidence for the Feb. 23 confirmation hearing. The original list was filed on Sept. 5, 2025.
The defense said the request was prompted by “substantial recent disclosures” from the Office of the Prosecutor, which released 1,242 items between the postponement of the hearing and Feb. 5, 2026.
Prosecutors flagged the materials as potentially exculpatory or relevant to the preparation of the defense.
After reviewing the new disclosure, Duterte’s lawyers identified 78 items as “highly relevant to the charges and necessary for any meaningful submissions” at the confirmation stage.
According to the filing, 24 of the items were only disclosed in November and December 2025 — well after the deadline for submitting the original evidence list.
The remaining 54 items, while disclosed earlier, only became significant after being assessed alongside the newly received materials.
The defense argued that there was “good cause” for the late inclusion and that allowing the additional evidence would not prejudice the proceedings.
The request was filed 15 days before the scheduled hearing, which the defense said complies with the court’s procedural rules.
It also noted that prosecutors had reviewed the proposed additions and confirmed they did not object to their admission.
Duterte’s lawyers warned that excluding the materials would “cause significant prejudice” to his right to present a defense, particularly given the scale and timing of the prosecution’s disclosures.
The filing also signaled that further amendments may still be sought.
The defense said it was still reviewing another batch of prosecution disclosures from the evening of Feb. 5, which includes 12 more items identified as potentially exonerating or relevant.
In its request, the defense asked the chamber to authorize the inclusion of the 78 items listed in a confidential annex, allowing them to form part of the evidentiary record for the confirmation of charges hearing.
The hearing on the confirmation of charges represents a major procedural step.
Prosecutors must convince judges there is sufficient evidence to proceed to a full trial on allegations of crimes against humanity related to Duterte’s “war on drugs” campaign in the Philippines.