Duterte lawyers seek more medical tests

MANILA, Philippines — Lawyers of former president Rodrigo Duterte are seeking additional medical examinations to fully determine his fitness to stand trial before the International Criminal Court (ICC).

Responding to reports submitted by a medical panel that examined the 81-year-old Duterte, lawyer Peter Haynes said that the assessment was incomplete and that the evidence collected did not support the experts’ conclusion.

The panel – composed of experts in forensic psychiatry, geriatric and behavioral neurology as well as neuropsychology – found that Duterte “retains all the capacities necessary to participate meaningfully in the trial,” the defense filing showed.

But according to Haynes, the defense “struggles to understand” how the panel made the conclusions when “the answers [Duterte] provided during the interviews – and, even more significantly, the medical records made available to them – reasonably point to a different conclusion.”

“Despite the Trial Chamber’s precise instructions, the panel has left unresolved the fundamental question of whether Mr. Duterte’s acknowledged memory and executive-function impairments stem from a neurological condition affecting his ability meaningfully to exercise his trial rights,” the defense added.

Haynes pointed out that one of the experts did not conduct all tests necessary to determine if Duterte has the abilities needed to fully exercise his rights in the proceedings.

“The defense does not seek to supplant the professors’ expertise,” he wrote, referring to the expert.

“It urges their strict adherence to their instructions and the exhaustion of all available examinations, particularly those not dependent on the patient’s cooperation, to provide the judges with the most robust evidentiary basis for its determination,” he added.

The defense urged the trial judges to order the neurologist to conduct all ancillary or necessary examinations on Duterte.

The prosecution earlier urged the trial chamber to declare Duterte fit to stand trial, with ICC acting prosecutor Mame Mandiaye Niang citing the findings of the medical experts.

The observations were submitted prior to the status conference on Wednesday, where Duterte appeared for the first time in person before the international tribunal.

Trial Chamber III Presiding Judge Joanna Korner said they will soon issue a decision in writing on the matter of Duterte’s fitness and the defense’s request.

Mixed reactions

Malacañang said Duterte appeared to be in good condition based on the live footage of his first onsite hearing attendance.
“We have seen that the condition of former president Duterte seems to be good. And we have seen that he seems to have accepted that his trial at the ICC would continue,” said Palace press officer Claire Castro.

Senators Robinhood Padilla and JV Ejercito, however, expressed sadness over the “frail” physical condition of the former president.

Padilla admitted shedding tears upon seeing footage of the former chief executive who appeared in person for the first time before the international tribunal on Wednesday.

Padilla was initially glad to see Duterte, who appeared before the court wearing a black jacket and a different hairstyle, but was quickly overcome with grief.

“I was stunned and could not hold back my tears. But I was also happy to see him,” added Padilla of the former president, who was arrested in Manila and flown to The Hague on March 11, 2025.

Padilla could sense Duterte’s resolve but said being in detention may be too much for an 81-year-old.

Ejercito, who championed the Duterte administration’s “Build, Build, Build” infrastructure program in the Senate, shared Padilla’s sentiment, noting Duterte’s “very thin” physique.

“It was sad to see him because he looked frail. Very frail. Then he had long hair. He almost looked like Palito (the late Filipino comedian),” he added.

When asked about the victims of the alleged extrajudicial killings in the Duterte administration, Ejercito deferred to the justice system and historical hindsight.

“Let justice take its course,” Ejercito said. “History will be the final judge, not us.” — Alexis Romero, Neil Jayson Servallos