Duterte’s lead counsel stays – Sara

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January 30, 2026 | 12:00am

MANILA, Philippines — Detained former president Rodrigo Duterte will not replace lead counsel Nicholas Kaufman despite the defense lawyer’s failure to stop the confirmation of charges hearing against him, Vice President Sara Duterte said.

“I asked former president Rodrigo Duterte. I relayed exactly your question: ‘Do you want to change (Kaufman) and are you not satisfied?’ He said, ‘(Kaufman) will not be replaced.’ But he has instructions given to the legal team,” the Vice President said in a recent interview in The Hague, Netherlands after visiting her father in Scheveningen Prison.

Following months of delay, the confirmation of charges against the former president will finally push through next month after International Criminal Court (ICC) judges found him fit to participate in pre-trial proceedings.

The Vice President cited concerns raised by both detractors and supporters of Duterte on the performance of his legal team.

“I will not disclose the instructions given to the legal team because that’s not important anymore,” she said.

In a 25-page decision released yesterday, the ICC Pre-Trial Chamber I unanimously denied the defense’s request to indefinitely adjourn the proceedings due to Duterte’s supposed cognitive impairment.

It relied on reports submitted by the independent panel of medical experts, which was formed to determine Duterte’s fitness to participate in pre-trial proceedings.

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.”

The judges scheduled the confirmation of charges hearing to begin on Feb. 23. It was originally scheduled to start last Sept. 23, but the hearing was postponed due to the defense’s request for adjournment.

Vice President Duterte said the former president was OK.

At the same time, the Vice President thanked the supporters of the former president outside the detention cell.

Kaufman appeals detention anew

The Duterte defense team has filed a new appeal regarding his continued detention.

On Wednesday, defense lawyer Kaufman filed before the ICC Appeals Chamber a notice of appeal on the Jan. 26 decision of the Pre-Trial Chamber I on the review of Duterte’s detention.

The decision found that there were no changes in circumstances that would warrant the former president’s release from detention.

In his notice of appeal, Kaufman claimed that the pre-trial judges “committed an error of law and of fact” when they refused to consider the medical report provided by the defense.

“It speaks directly to Mr. Duterte’s deteriorating health and compromised cognitive condition, a factor that the Pre-Trial Chamber was obliged to consider in its periodic review of Mr. Duterte’s detention,” Kaufman claimed in his filing.

“In refusing to consider the Report, the Pre-Trial Chamber failed in its duty to assess whether there exist changed circumstances… To categorically disregard a party’s submissions, to say nothing of objective medical evidence supplied by leading professionals in good standing, is, in effect, the rejection of a suspect’s right to a fair hearing,” he added.

Instead of relying on the defense’s submission, the Pre-Trial Chamber I referred to the finding of the independent panel of experts that it earlier formed to assess Duterte’s medical condition.

Under ICC rules, the detention of a suspect must be periodically reviewed at least every 120 days.

The pre-trial chamber will conduct a hearing on the review of Duterte’s detention on Feb. 27.

Last year, the Pre-Trial Chamber I denied the interim release request of the former president. Its ruling was later affirmed by the Appeals Chamber, which is composed of a different set of judges. — Janvic Mateo