The legal battle surrounding the International Criminal Court’s (ICC) investigation into former Philippine President Rodrigo Duterte has intensified as his legal team formally challenged recent medical assessments. Despite a panel of independent experts declaring the former leader “fit to stand trial,” Duterte’s counsel argues that the findings are flawed and contradictory.
The Defense Strikes Back
On Friday, December 19, 2025, Atty. Nicholas Kaufman, representing the former president, submitted a 12-page manifestation to the ICC. The defense team claims that the medical reports contain “internal inconsistencies” that weaken the overall validity of the conclusion regarding Duterte’s fitness.
“Such internal inconsistencies undermine the overall weight of the general joint conclusion on fitness,” the submission stated. Due to these perceived discrepancies, Duterte’s camp is now requesting an evidentiary hearing. This would allow the defense to cross-examine the medical experts and challenge their methodology before the Court makes a final ruling on the trial’s progression.
Experts Affirm Fitness Amidst Frailty
The pushback from the defense comes after reports from the ICC Prosecution and independent medical panels suggested that Duterte, while biologically “frail and elderly,” remains mentally and cognitively capable of participating in legal proceedings.
Atty. Kristina Conti, an ICC assisting counsel and human rights advocate, shared updates noting that all independent experts independently concluded that Duterte possesses the necessary faculties to:
- Understand the specific charges and evidence against him.
- Comprehend the purpose and consequences of pre-trial proceedings.
- Effectively instruct his legal counsel for his defense.
The ‘Coin in Hand’ Test
One of the more technical aspects of the prosecution’s argument involves the “coin in hand test.” This assessment is what medical professionals call a “floor test.” It is designed to be so fundamentally simple that even individuals suffering from moderate to severe memory impairment should be able to pass it.
The test functions on the principle of probability. In this test, an examiner hides a coin in one hand, asks the patient to count backward, and then identifies which hand holds the coin. Even by pure chance, a person with genuine cognitive decline should achieve a certain success rate. According to clinical guides on feigned cognitive impairment, if a subject scores significantly worse than random chance, it suggests they may be intentionally performing poorly to simulate a condition they do not have.
What’s Next?
The decision now rests with the ICC Pre-Trial Chamber. The judges must determine whether to accept the medical experts’ findings as definitive or grant the defense’s request for a hearing. This ruling will be a pivotal moment in determining when, or if, the former president will finally face the court.