Former President Rodrigo Duterte
Cash confiscated from former president Rodrigo Duterte when he was transferred to the custody of the International Criminal Court (ICC) will remain frozen and available for possible compensation to victims if he is convicted, after judges approved prosecutors' request to preserve the funds but rejected a separate bid to examine his personal keys.
The rulings, issued separately by ICC Trial Chamber III and made public on Friday, granted prosecutors access to an undisclosed amount of money recovered from Duterte when he was transferred to The Hague in March 2025, ruling that the funds should be preserved because they could later be forfeited and awarded as reparations if he is convicted.
Under the order, the ICC Registry—the court's administrative arm—was directed to take measures to ensure the money does not lose value while it remains in custody.
"This is because, should the accused ultimately be convicted of the alleged crimes, that money is to be available for the purpose of eventual forfeiture and the award of reparations to victims," the chamber said in its decision.
The judges also partly granted prosecutors' request to examine materials held by the Registry, allowing access to two undisclosed items seized from Duterte after finding "reasonable grounds" to believe they could produce evidence necessary to the investigation.
"The Chamber therefore finds that the examination of these materials would produce evidence that is necessary for the investigation," the ruling read, adding that the request was both "necessary and proportionate" to the prosecution's investigative needs.
However, the chamber faulted prosecutors for seeking access to Duterte's belongings only at this stage of the proceedings without explaining the delay, noting that such requests should have been made earlier.
Prosecutors had sought access to the keys but failed to explain what they opened or how they could yield evidence relevant to the case, the chamber said.
The defense argued that the keys were confiscated while Duterte was traveling with members of his family during his trip to Hong Kong—his final overseas destination before Philippine authorities arrested him at the Ninoy Aquino International Airport on an ICC warrant and transferred him to The Hague.
The judges agreed, saying the keys could provide access to property or information belonging to Duterte's relatives, making the request an unjustified intrusion into the privacy rights of third parties.
"In light of these circumstances, the Chamber finds that the requested access to the Keys is neither necessary nor proportionate, and should therefore be rejected," the ruling said.
The trial chamber has set the formal opening of Duterte's trial on Nov. 30, when the charges will be read in court.
Before then, prosecutors have until 31 Aug. to submit their trial brief, list of witnesses and documentary evidence, while the common legal representatives of victims may file their own brief by 28 Sept.
Duterte's defense team, meanwhile, has until 30 Oct. to identify the prosecution's factual and legal claims it intends to contest and outline the nature of its defense.
The Philippine strongman has been in ICC custody since March 2025 after being arrested over allegations that thousands of killings carried out during his tenure as Davao City mayor and later under his administration's anti-illegal drugs campaign amounted to crimes against humanity.