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February 5, 2026 | 12:00am
Composite photo shows the facade of the International Criminal Court and former President Rodrigo Duterte.
Facebook / International Criminal Court; House of Representatives / Release
MANILA, Philippines — The defense counsel of former president Rodrigo Duterte has initiated the appeals process on the decision declaring him fit to participate in pre-trial proceedings at the International Criminal Court (ICC).
In a 19-page request for leave to appeal the decision filed on Feb. 2, lawyer Nicholas Kaufman outlined the reasons they intend to use to challenge the Jan. 26 decision of the ICC Pre-Trial Chamber I.
The decision found Duterte fit to participate in pre-trial proceedings and set his confirmation of charges hearing on Feb. 23.
The request formally asked the ICC Pre-Trial Chamber I to certify certain issues for appeal. If granted, it will allow the defense to challenge the decision before the ICC Appeals Chamber, which is composed of a different set of judges.
In his request, Kaufman maintained that the ICC Pre-Trial Chamber erred “in fact and in law” when it supposedly ignored evidence of Duterte’s condition.
“The Pre-Trial Chamber erred in law when it premised its decision on Mr. Duterte’s fitness to participate in the proceedings exclusively on the panel’s reports, instead of also considering the clinical evidence proffered by the defense experts,” he wrote.
“Mr. Duterte suffers from cognitive impairment affecting multiple domains, including his memory, executive function and visuospatial skills,” he added.
The pre-trial judges based their findings on the reports submitted by the independent panel of medical experts, which was formed to determine Duterte’s fitness to participate in pre-trial proceedings.
“Having carefully considered all of the relevant circumstances of the case, in particular the expert opinions provided by the panel, and the defense’s observations thereon, the Chamber finds the conclusions of the panel to be reliable,” the decision read.
“Read holistically… the Chamber is satisfied that Mr. Duterte does have the ability to understand the charges against him and is able effectively to exercise his procedural rights,” it added.
According to the judges, they were satisfied that Duterte is fit to participate in pre-trial proceedings, which will resume with “certain measures” put in place to assist the former president, “as advised by the medical opinions received by the Chamber.”
Meanwhile, lawyer Kristina Conti has expressed confidence that the Appeals Chamber will dismiss the plea of former president Duterte to reverse a ruling that declared him fit to stand trial.
Meanwhile, Davao City 1st district Rep. Paolo Duterte chided yesterday Bicol Saro party-list Rep. Terry Ridon for “oversimplifying” the arrest by the ICC of his father.
Conti noted that Duterte’s fitness to stand trial was raised at the pre-trial stage and during this stage, Duterte can waive his presence, including in the confirmation of charges hearing.
For Kaufman, it was a “legal error” for the chamber to dismiss the defense reports “merely because they were submitted by a party to the proceedings.”
He also called out the chamber’s decision to deny their request for a hearing to examine the members of the panel.
In their ruling, the judges said they do “not find there to be any merit in holding a hearing.”
