The defense team of former President Rodrigo Duterte has asked the International Criminal Court (ICC) for permission to expand its list of evidence ahead of the confirmation of charges hearing set later this month.
In a request filed on February 6, 2026, Duterte’s lawyers, led by Nicholas Kaufman, sought approval to add 78 more items to the defense’s evidence list, which was initially submitted in September 2025.
The move came after the prosecution disclosed 1,242 pieces of evidence, some of which were identified as potentially exculpatory.
“The present request is supported by good cause and the Prosecution has confirmed that the addition of these Items to the Defence List of Evidence causes it no prejudice,” the defense said.
The filing emphasized that the request complied with ICC rules and deadlines.
“Firstly, in full compliance with Rule 121(6), the present request is submitted 15 days before the commencement of the Confirmation of Charges hearing,” it noted.
The defense argued that the additional items were limited in number, that the prosecution was already familiar with its own disclosures, and that victims’ representatives were still finalizing their participation.
“Finally, and most importantly, in light of the Prosecution’s confirmation that it does not oppose the addition of these Items, their inclusion would occasion no prejudice to the Prosecution, whereas their non-admission would cause significant prejudice to Mr. Duterte,” the team added.
Duterte’s lawyers also revealed that they have yet to fully examine the prosecution’s most recent disclosure dated February 5, which included 12 items flagged as potentially exculpatory.
“The Defence respectfully reserves the right to seek further amendment of its List of Evidence upon its prompt review of the newly-disclosed items,” the filing stated.
The confirmation of charges hearing at the ICC is scheduled to begin on February 23, 2026.