Ejercito, who has described Duterte as a friend, received the former president’s endorsement when he sought reelection to the Senate in 2022.

“I felt sad when I saw him for the first time in a long while. He was like skin and bones, very frail,” Ejercito told reporters in an interview.

The San Juan lawmaker attributed his emotions to having worked closely with Duterte on his flagship infrastructure program, “Build, Build, Build.”

Senator Robin Padilla, a staunch Duterte ally, said he shed tears of joy on seeing the former president after more than a year. The moment was tinged with sadness, however, because Duterte who is 81 remains detained in The Hague.

“I was surprised and unexpectedly shed tears of joy upon seeing him. I know Tatay Digong is strong-willed. He has courage and compassion. But at 81 years old, his body can no longer withstand imprisonment,” Padilla told reporters in Filipino.

Memory loss

Despite facing his own legal troubles, detained Senator Rodante Marcoleta, another Duterte ally, said he was happy to see the former president looking pleasant.

Duterte appeared in a white button-down shirt and black collared jacket during Wednesday’s third status conference before the ICC Trial Chamber III for his crimes against humanity case. 

His counsel has claimed that his memory has been impaired.

Unlike his first court appearance on 14 March last year, which he attended virtually, Duterte attended the 16 September proceeding in person alongside his defense team, along with the ICC prosecutors, the counsel for the victims, and the three judges of Trial Chamber III.

He sat behind his lawyers and stayed throughout the proceedings, which lasted a little more than an hour. His trial is scheduled to start on 30 November.

Shortly after the status conference, Trial Chamber III issued a second decision ordering Duterte’s continued detention.

The chamber ruled that Duterte remains a flight risk and may obstruct judicial proceedings or intimidate witnesses, particularly with his trial less than two months away.

‘Living in 2007’

It added that the prosecution’s submission of witness and evidence lists, which disclosed the identities of witnesses and the contents of their expected testimony, increased Duterte’s ability to interfere with the witnesses directly or through his family and supporters in the Philippines.

In a filing earlier this week, lead defense counsel Peter Haynes claimed that Duterte continues to suffer from a significant memory impairment that prevents him from retaining recent information and reliably accessing memories.

He said Duterte’s condition makes it difficult for his lawyers to engage him meaningfully on the charges, alleged incidents, and thousands of evidence items.

Haynes claimed Duterte could barely recognize him as his counsel, as well as members of his family, and sometimes believed he was living in 2007 or 2008.