The Tamesis
January 30, 2026
Manila – Perhaps the popular saying “You can’t have your cake and eat it too” applies to this situation. Filipino for “Ano ka, sinuswerte?” or “How lucky are you?” Reverse double jeopardy.
Despite protests from his defense lawyers, former Philippine President Rodrigo Roya Duterte must abide by the International Criminal Court’s (ICC) finding that he is indeed fit to stand trial for crimes against humanity he committed during his tenure, his critics are shouting from the rooftops. His bloody reign as head of state was preceded by an equally bloody reign as mayor of Davao City, supported by his Davao death squads and other figures.
The 80-year-old former dictator has been held at the ICC Scheveningen prison in The Hague since March 2025, with his family and supporters believing his declining health makes him unfit to stand trial. Maybe physically slower, but mentally? It’s only been four years since he stopped publicly issuing orders to kill.
This is not played for laughs: Would this incorrigible patriot now plead insanity—temporary or otherwise—for the crimes against humanity he was accused of committing? A defendant raises an insanity defense, arguing that he or she suffered from a severe mental illness at the time of the crime and therefore cannot be held criminally responsible. This applies to crimes of passion. But seriously, is Duterte fit to face these charges against the backdrop of an upcoming trial in the land of windmills and dykes?
After an assessment by the Pre-Trial Chamber (PTC), the ICC stated that “he was able to exercise his procedural rights and was therefore fit to participate in the pre-trial proceedings”. February 23rd is D-Day (if you may), the start of fee confirmations. The “Duterte Park” near the ICC is expected to be packed with the defendant’s followers, who will hand out instant buffets of humba dishes and more.
Amid protests from Duterte’s camp, former senator and now Mamayan Liberal-list Rep. Leila de Lima, who has been jailed and held in solitary confinement for nearly seven years over Duterte’s comments and trumped-up charges, said: “We can expect more delaying tactics from Duterte.” [defense counsel Nicholas] Kaufman because he simply could not defend Duterte at trial. He will continue to harp on Duterte’s alleged mental disorder in an effort to stop the trial. But his delaying tactics can only go so far. Ultimately, Duterte will still face justice and pay for his crimes. Duterte cannot boast for years of iron will and complete control and then plead mental insanity when he is finally held accountable. The ruling tells victims that their voices will not be marginalized because of technological circumvention in Duterte’s reckoning at the International Criminal Court. “
In other words, at the height of his power, from his time as mayor of Davao City to his tenure as president (2016 to 2022), he engaged in violence that earned him the wrath of human rights advocates, including De Lima, but also elicited the blind awe and reverence of his cult followers. But now that he is due to appear in court soon to face his victim, he is claiming through his lawyer that he is unfit to stand trial? It’s too late to feign mental incapacity and other disabilities. He’d be better off being himself, and by doing so, he might be able to earn some dignity for himself. Oops, did I say that? In philanthropy, yes.
Gilbert Andrés, one of two ICC-accredited victims’ lawyers, explained that “fitness to stand trial” is more of a legal question than a medical one. (Another victim’s recognized attorney is Joel Butuyan, also a columnist for the Inquirer. Both Andres and Butuyan work for the nonprofit CenterLaw.) Did the defendant understand the proceedings and be able to exercise his rights under the Rome Statute? Simply put, says Andres. The ICC’s PTC examined the parties’ arguments and findings and decided that Duterte was fit to stand trial.
Duterte should know. He himself was a lawyer and finance person before entering politics. He knew the topography and killing fields of Davao well. The anti-drug war “Tocon” orders he issued as commander-in-chief and carried out by then-Philippine National Police Chief and now Senator Ronald “Bato” dela Rosa resulted in thousands of deaths in what have been described as extrajudicial killings that are at the heart of the accusations against Duterte. EJK has become synonymous with Duterte and is now the hiding senator/AWOL dela Rosa who, if he’s not lucky, may soon end up in an ICC prison with his boss, so, as the saying goes, “You can run, but you can’t hide.
