THE OFFICE of the Prosecutor of the International Criminal Court (ICC) notified the Trial Chamber III on Aug. 5 that it has disclosed a total of 6,909 evidentiary items to the defense team of former President Rodrigo Roa Duterte between Jan. 7 and July 31, 2026.
According to official filings before the tribunal, the disclosure process is part of pre-trial procedures designed to ensure defense preparation, witness credibility testing, and procedural fairness under the Rome Statute.
Legal analysts and case filings emphasize that the 6,909 items do not represent individual criminal accusations against the former chief executive, as the majority of the material forms part of mandatory prosecution disclosure obligations to enable a robust defense.
Evidentiary categorization breakdown
The official filing categorizes the disclosed items into three distinct legal designations:
- Incriminating Material (INCRIM) — 2,279 items: Classified as predominantly incriminating, these materials pertain to allegations surrounding the Davao Death Squad (DDS) during Duterte’s tenure as Davao City Mayor, as well as Barangay Clearance Operations and High-Value Target (HVT) operations conducted during his presidency. The batch also covers contextual background elements and legal modes of liability.
- Rule 77 Defense Preparation Material — 4,573 items: Representing the majority of the disclosure, this background material does not constitute prosecution evidence against the accused.
- Under Rule 77 of the ICC Rules of Procedure and Evidence, the Prosecution is legally mandated to disclose these items to allow the defense adequate time and context to prepare its case.
- Potentially Exculpatory Material (PEXO) — 57 items: Material that may favor the defense, undermine the credibility of prosecution witnesses, or suggest alternative lines of defense.
A footnote in the official filing explicitly clarifies that item classifications reflect only their predominant character, noting that a single document or media file may contain overlapping elements of INCRIM, Rule 77, and PEXO information.
