The International Criminal Court prosecution has disclosed 6,909 items of evidence to the defense of former Philippine President Rodrigo Duterte between January 7 and July 31, 2026, including materials concerning alleged killings linked to the Davao Death Squad and other operations.

The disclosure was detailed in an Aug. 5, 2026 filing by the Office of the Prosecutor before Trial Chamber III in The Prosecutor v. Rodrigo Roa Duterte, ICC case No. ICC-01/21-01/25. According to the filing, the 6,909 items consisted of 2,279 classified as INCRIM, 4,573 as Rule 77, and 57 as PEXO.

The ICC noted that these classifications indicate the predominant classification of each disclosed item, and that an individual item may contain a combination of evidence categories.

What do INCRIM, Rule 77 and PEXO mean?

INCRIM refers to evidence classified by the prosecution as incriminating material—evidence relevant to supporting the prosecution’s case. In the filing, INCRIM packages include materials involving the contextual elements of crimes against humanity, modes of liability, and alleged murders involving the Davao Death Squad during Duterte’s mayoral period, as well as alleged killings connected to barangay clearance operations and high-value targets during his presidential period.

Rule 77 refers to material disclosed under Rule 77 of the ICC Rules of Procedure and Evidence. In this particular filing, the 4,573 Rule 77 items are largely described as contextual or background information and material for the preparation of the defense.

PEXO covers material identified in the filing as information that could undermine the credibility of a witness or suggest a line of defense. The prosecution listed 57 such items.

In simple terms, INCRIM is prosecution-oriented evidence, Rule 77 is largely defense-preparation/background material, while PEXO includes potentially defense-helpful information such as material that could challenge witness credibility or support a defense theory.

Thousands of items concern alleged crimes

The INCRIM evidence includes a number of packages specifically addressing alleged murders and crimes against humanity. One package disclosed on June 11 contained 110 items concerning alleged murders involving the Davao Death Squads during Duterte’s mayoral period.

A June 19 package contained 86 items concerning alleged murders involving high-value targets during his presidential period. A July 27 package contained 404 items relating to crimes against humanity, modes of liability, contextual elements and alleged murders linked to barangay clearance operations during the presidential period.

Another package released on the same date contained 1,081 items concerning crimes against humanity and contextual elements.

The Rule 77 material, meanwhile, included substantial amounts of background information and material for the defense. A June 19 package contained 868 items, while a June 25 package contained 1,587 items.

PEXO material could be significant for the defense

Of the three categories, the 57 PEXO items stand out because the ICC filing expressly describes them as information that could undermine a witness’s credibility or suggest a line of defense. The July 31 PEXO package alone contained 48 items described as information suggesting a line of defense.

Earlier PEXO packages also included material identified as information that could undermine the credibility of a witness. However, the filing does not disclose the substantive contents of these individual pieces of evidence. The annexes containing the detailed lists are classified as confidential because they concern evidence disclosed between the parties.

Thus, while the disclosure provides a significant picture of the volume and broad categories of evidence being exchanged in the Duterte case, it does not by itself establish what any particular piece of evidence proves.

The filing was signed by ICC Deputy Prosecutor Mame Mandiaye Niang and dated Aug. 5, 2026, in The Hague.