MANILA – The pronouncements by former President Rodrigo Duterte’s kin themselves, “practically attesting” to his good health, counter and outweigh the claim by his defense panel that the former president is unfit to stand trial before the International Criminal Court (ICC).

“Ang pinakamabigat na evidence is ‘yung behavioral evidence ni Mr. Duterte. And makikita natin ito sa mga kamag-anak na bumibisita sa kaniya. Ilang beses na nagpa-interview ‘yung mga anak niya na sinasabi nila na okay si Mr. Duterte at nag-jo-joke pa nga sila,” said ICC-accredited lawyer Joel Butuyan, president of human rights and legal advocacy nongovernment organization Center for International Law (Centerlaw), in an interview over DZMM Teleradyo on September 13, 2025.

“Pinag-uusapan nila ang past, present at future. Sinabi niyang wala siyang regret sa ginawa niya and he is willing to face whatever the consequences are,” the lawyer added.

Butuyan reacted to the ICC’s postponement of the hearing on the confirmation of charges against Duterte, which was supposed to happen on September 23, 2025, after the defense team requested an indefinite adjournment, claiming that the former Philippine leader is unfit for trial.

The defense, led by Atty. Nicholas Kaufman, said that assessments made by two defense experts and a neuropsychologist appointed by the ICC detention center’s medical officer support their claim that Duterte is too ill to participate in the proceedings.

“Mr. Duterte suffers from significant cognitive deficiencies that affect his memory, his daily executive functioning, his visuoconstructive abilities, and his orientation to place and time while, simultaneously, limiting his capacity for complex reasoning,” it stated.

Butuyan said medical findings alone cannot prove the claim of the defense.

He cited Vice President Sara Duterte’s remark, “I can only say he’s alive,” after her visit to the ICC detention facility center in The Hague, Netherlands.

He likewise mentioned the former president’s youngest daughter, Veronica “Kitty” Duterte, who, in an interview posted on former presidential spokesperson Harry Roque’s Facebook page on September 9, assured the public that her father is “alive and well.”

The lawyer also took note of another video on Roque’s page in August, where Kitty also said her father insisted he has no regrets over his actions during his term as he did it “for this country.”

All the Duterte children have visited the former president in the ICC detention center.

On August 27, 2025, VP Sara, Davao City Representative Paolo “Pulong” Duterte, Davao City Vice Mayor Sebastian “Baste” Duterte, and Kitty Duterte visited him together in his detention.

VP Sara said this was one of the requests of the former leader. “As a father, ‘yun ‘yung message niya. Bilang ama, personal na buhay namin at sa politika. Personal na buhay, buhay ng pamilya at buhay namin sa politika. So yun yung mga general topics na napag-usapan kanina,” she said after the visit.

“Masaya siya. Masaya siya na nakakausap niya kami… At medyo maingay kanina kasi apat, tatlo sabay-sabay, apat sabay-sabay na nagsasalita… So medyo siguro na-miss niya yung ganon na discussions na labo-labo, sabay-sabay nagsasalita lahat. At masaya siya na nakabisita kaming apat,” she added.

“Okay naman siya,” the vice president further stated.

Butuyan said these comments on Duterte’s health by his children themselves weigh significantly in the case. “Ito ‘yung mas mabigat na ebidensya na si Mr. Duterte na alam niya ‘yung nangyayari and alam niya ‘yung ginawa niya,” the lawyer pointed out.

“Tingin ko malakas na ebidensya ‘yan kasi nanggagaling ‘yan sa mga tao na kung sasabihin natin na dapat pinaka-biased in favor of the former president dahil sarili niyang mga anak na ito, and the fact that they are practically attesting to the mental fitness of their father, it trumps yung mental findings ng mga doktor,” the lawyer underscored.

Butuyan said the disappointment of families of extrajudicial killings (EJKs) victims over the ICC’s move is justified.

“Hindi natin masisisi ‘yung mga biktima na ganoon na nga ‘yung intensyon behind the motion of the defense dahil talaga nakita natin sa estratehiya ng defense na halos pinapa-disqualify na lahat. Para talagang invocation of technicality para mapigilan ‘yung trial at pagtestigo sa ICC,” he added.

He shared that the prosecutor’s panel wants an independent medical review as they cast doubt on medical reports submitted by the defense.

“Sabi ng prosecution, kami ay magdadala rin ng sariling medical expert and sabi nila ‘yung korte, can exercise the discretion ng independent medical expert to do its own findings. Ebidensya at opinyon lang ang findings, ang mangingibabaw dito ay sariling analysis ng mga judges base sa iba’t ibang ebidensya,” Butuyan concluded.

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