Geline Salac

Prosecutors, defense lawyers clash on Day 1 of ICC Confirmation hearings

Article (news)

Zen Hernandez

ABS-CBN News

<p>Prosecutors and defense lawyers clashed sharply on Day 1 of the International Criminal Court’s confirmation of charges hearing against former Philippine President Rodrigo Duterte, with the prosecution portraying a coordinated killing campaign and the defense insisting the case is politically driven and the evidence weak.</p><p>The first day featured opening statements from the Office of the Prosecutor, the legal representative of victims, and the defense — laying out the central battle lines ahead of the chamber’s decision on whether the case will proceed to full trial.</p><p>Deputy Prosecutor Mame Mandiaye Nyang opened the proceedings by framing the case as a test of accountability.</p><p>“The commencement of the confirmation hearing against Mr. Rodrigo Roa Duterte is a reminder of the court&#x27;s unwavering commitment… and to bring justice to the thousands of victims of the mass crimes and atrocities perpetrated in the Philippines,” Nyang said.</p><p>“It is also a reminder that those in power are not above the law.” He added.</p><div><span class="fr-video fr-deletable fr-fvc fr-dvb fr-draggable" contenteditable="false" draggable="true"><iframe width="640" height="360" src="https://www.youtube.com/embed/gpOKLxi1DQI?&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span><br/></div><p>Prosecutors told judges Duterte is charged over 49 incidents of murder and attempted murder involving 78 victims, including children, allegedly forming part of a broader nationwide attack.</p><p>“These murders and attempted murders were part of a widespread and systematic attack… resulting in the killings of thousands of civilians,” Nyang said.</p><p>The victims, he noted, were often individuals “associated with or perceived to be associated with drugs.”</p><p>Lawyer Joel Butuyan, representing victims, urged the chamber to allow the case to move forward.</p><p>“There is only one solution to stop the impunity propagated by Mr. Duterte… And that is for this honorable chamber to confirm the charges so that witnesses can testify and evidence can be presented.”</p><div><span class="fr-video fr-deletable fr-fvc fr-dvb fr-draggable" contenteditable="false" draggable="true"><iframe width="640" height="360" src="https://www.youtube.com/embed/mwlihWdPYzI?&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span><br/></div><p>Butuyan cited Duterte’s past rhetoric and the continuing impact on families.</p><p>“Even after their loved ones were murdered, many families were subjected to deplorable injustices,” he said, alleging some death certificates listed false causes of death.</p><p>He described victims as ordinary civilians.</p><p>“They were all doing ordinary peaceful and plain human activities. Confirming the charges will restore the dignity of those who were killed and the honor of their families.”</p><p>Butuyan also presented figures he attributed to the anti-drug campaign.</p><p>“Mr. Duterte&#x27;s bloody rule… resulted in as many as 30,000 victims of killings, more than 300,000 victims of arbitrary imprisonment…”</p><div><span class="fr-video fr-deletable fr-fvc fr-dvb fr-draggable fr-active" contenteditable="false" draggable="true"><iframe width="640" height="360" src="https://www.youtube.com/embed/8wsliT4f_7Y?&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span><br/></div><p>In detailed oral submissions, prosecution lawyer Julian Nichols argued Duterte repeatedly signaled and enabled killings.</p><p>“During his campaign to be president, Mr. Duterte expressly promised many times that he would kill criminals if elected.”</p><p>Nichols alleged Duterte expanded methods used in Davao to the national level.</p><p>“As president, he… used many of the same co-perpetrators and methods from his time as mayor of Davao.”</p><p>The prosecution said poor communities were disproportionately affected. “It was often because they were the most vulnerable… and they were the most afraid.”</p><p>Nichols argued Duterte openly embraced responsibility.</p><p>“You will hear Mr. Duterte in his own words calling for killings, bragging about killings… and vowing to take responsibility.”</p><p>Prosecutors laid out what they described as the “Davao model” — an organized killing system that allegedly involved a network of officials and operatives.</p><p>Nichols told the chamber Duterte “created liquidation squads, death squads” composed of police officers and hired gunmen.</p><div><span class="fr-video fr-deletable fr-fvc fr-dvb fr-draggable" contenteditable="false" draggable="true"><iframe width="640" height="360" src="https://www.youtube.com/embed/GwCUI3T0j5c?&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span><br/></div><p>The prosecution identified several alleged co-perpetrators in the structure, including:</p><p>* Ronald “Bato” dela Rosa — then Davao City chief of police</p><p>* Vicente Danao — former Davao police chief</p><p>* Christopher “Bong” Go — longtime aide</p><p>* Dante Guerra — former NBI regional director</p><p>* Vitaliano Aguirre — lawyer linked to Duterte</p><p>According to prosecutors, the hierarchy ran from Duterte down to handlers and hitmen.</p><p>“That message was commit murder at my direction and I will protect you. I will pay you. I will promote you,” Nichols said of how the system allegedly operated.</p><p>Prosecutors said members at the bottom of the structure were tightly controlled and could face harm if they refused orders.</p><p>Prosecutors cited witness accounts describing required approval for killings.</p><p>“You cannot just kill anyone without Duterte’s approval, you will get charged,” one witness said, according to Nichols.</p><p>Another recalled financial incentives.</p><p>“Every kill… it was 10,000 per kill.”</p><div><span class="fr-video fr-deletable fr-fvc fr-dvb fr-draggable" contenteditable="false" draggable="true"><iframe width="640" height="360" src="https://www.youtube.com/embed/TC1bPWf78Eo?&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span><br/></div><p>Nichols also alleged some hitmen were placed on city payroll as so-called ghost employees.</p><p>“They received salaries from the city of Davao… but it was all a ruse because their only job was to kill.”</p><p>Addressing defense arguments, Nichols said references to lawful self-defense in Duterte speeches were misleading.</p><p>“The defense will say… we&#x27;ve cherry-picked the statements… but we have not,” he told judges.</p><p>He added prosecutors acknowledge Duterte sometimes mentioned self-defense but argued the broader record tells a different story.</p><p>“The evidence… overwhelmingly shows that those references to self-defense… are nothing but nonsense.”</p><p>“A leader who creates, leads, arms, and funds a death squad is not interested in due process or following the law.”</p><p>The prosecution also pushed back on defense claims about Duterte’s condition.</p><p>“A panel of three medical experts… found unanimously that he is (fit)” Nichols said.</p><p>“Mr. Duterte is perfectly fine… There is nothing stopping him except that he doesn&#x27;t want to be here.” He added.</p><div><span class="fr-video fr-deletable fr-fvc fr-dvb fr-draggable" contenteditable="false" draggable="true"><iframe width="640" height="360" src="https://www.youtube.com/embed/XpO-M9O-en8?&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span><br/></div><p>Defense counsel Nicholas Kaufman portrayed Duterte as a blunt but lawful leader and suggested political motives behind the case.</p><p>“Rodrigo Duterte was and will always remain a unique phenomenon. His style of statesmanship was novel and unpalatable to many… He spoke openly from the heart, sincerely and truthfully.”</p><p>Kaufman also took a swipe at the current Philippine administration.</p><p>“President Bongbong… His word is for the wind and the people will not forget it.”</p><p>He further claimed Duterte was wrongfully brought before the ICC.</p><p>“So it is indeed the defense case that President Ferdinand Marcos Jr. set out to neutralize Rodrigo Duterte and his legacy.”</p><div><span class="fr-video fr-deletable fr-fvc fr-dvb fr-draggable" contenteditable="false" draggable="true"><iframe width="640" height="360" src="https://www.youtube.com/embed/oTASQao86kg?&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span><br/></div><p>The defense argued the case rests too heavily on speeches.</p><p>“Cases are decided on the basis of evidence, not supposition, not rumor, not spicy gossip, and certainly not… political rhetoric and bluster.”</p><p>Kaufman maintained prosecutors must meet the ICC’s evidentiary bar.</p><p>“The prosecution needs to show substantial grounds to believe that the former president actually desired and foresaw that people would be killed.”</p><p>He also asserted investigators failed to secure direct testimony of a kill order and urged judges to dismiss what he called politically motivated charges.</p><div><br/></div><div><span class="fr-video fr-deletable fr-fvc fr-dvb fr-draggable" contenteditable="false" draggable="true"><iframe width="640" height="360" src="https://www.youtube.com/embed/hJTx5L0eIh4?&amp;t=3s&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span><br/></div>

<p>Prosecutors and defense lawyers clashed sharply on Day 1 of the International Criminal Court’s confirmation of charges hearing against former President Rodrigo Duterte, with the prosecution portraying a coordinated killing campaign and the defense insisting the case is politically driven.</p>

Prosecutors and defense lawyers clashed sharply on Day 1 of the International Criminal Court’s confirmation of charges hearing against former President Rodrigo Duterte, with the prosecution portraying a coordinated killing campaign and the defense insisting the case is politically driven.