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Former President Rodrigo Duterte testifies at the Senate Blue Ribbon Committee hearing on extrajudicial killings, addressing alleged human rights violations from his administration’s war on drugs on October 28, 2024. Maria Tan, ABS-CBN News/File  

 

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‘Lumalakas ang basehan to confirm charges’: UP lecturer on prosecution’s presentation of evidence vs Duterte

Job Manahan

ABS-CBN News

<p>MANILA — The pieces of evidence presented by the prosecution before the International Criminal Court’s (ICC) Pre-Trial Chamber I on Tuesday present a “strong basis” for the court to confirm the charges against former President Rodrigo Duterte, a senior lecturer from the UP College of Law said on ABS-CBN News Channel&#x27;s special coverage.</p><p>Lawyer Lee Edson Yarcia told ANC on Tuesday night that while it was “too early to say” if these would satisfy the ICC’s evidence standard to proceed to trial, the prosecution already showed “tangible” and “direct” evidence linking the former president to the crimes.</p><div><a href="https://www.abs-cbn.com/news/nation/2026/2/25/list-duterte-icc-pre-trial-day-2-highlights-1259">LIST: Highlights of second day of Duterte&#x27;s ICC pre-trial</a></div><p>“Definitely lumalakas ang basehan para i-confirm ang charges at gusto natin madinig din sa mga susunod na araw ano ang magiging sagot ng defense para i-qualify o i-explain o kaya objectahan ang ebidensya na binibigay ng prosecution ngayon,” Yarcia said.</p><p>Asked what the ICC typically looks for when it comes to these cases, Yarcia said these should be “concrete and tangible proof” that crimes against humanity — of murder, in this case — were committed, as well as the context that these happened in.</p><p>“Kailangan ma-establish ang mga acts, ang mga nangyaring alleged murders. Kailangan [din] ma-establish ang contextual elements na ito. Hindi lamang nangyari ang mga krimen kundi ito ay widespread at systematic,” the senior lecturer said.</p><p>“Ibig sabihin, malawakan ang naging perpetration of the crimes at pag sinabi nating systematic, ang usual na hinihingi ng korte na kailangan ma-establish na by state policy or by design, ito ay ginawa talaga ng individual who is accused of the crimes against humanity,” he added.</p><p>Aside from detailing the roles of Duterte and the co-perpetrators for the implementation of the drug war in Davao City until it was expanded at the national level upon his election as Philippine president in 2016, the prosecution laid out the alleged &quot;death lists&quot; and how he boasted about murders committed during his &quot;war on drugs.&quot;</p><div><a href="https://www.abs-cbn.com/news/nation/2026/2/24/icc-prosecutor-explains-roles-of-duterte-s-alleged-co-perpetrators-2106">ICC prosecutor explains roles of Duterte&#x27;s alleged &#x27;co-perpetrators&#x27;</a></div><p>The prosecution also brought up the controversial 2016 national police memorandum issued by the former president&#x27;s then police chief, Sen. Ronald &quot;Bato&quot; dela Rosa.</p><p>They were referring to the PNP Command Memorandum Circular No. 16-2016, the basis of the Duterte administration&#x27;s &quot;Oplan Double Barrel.”</p><p>Before the session’s break, the prosecution also showed photos and news clips of the drug war victims — all taken after the operations — as well as the public statements that he and his alleged co-perpetrators made.</p><p>In numerous speeches, Duterte had encouraged police officers to shoot drug pushers and users and other criminals and kill them if they fought back.</p><p>He later claimed that killing was not an official policy of his administration and his followers have said his statements were exaggerations and expressions of frustration.</p><div><a href="https://www.abs-cbn.com/news/2024/8/28/police-officer-confirms-quota-reward-system-during-duterte-drug-war-1253">Police officer confirms &#x27;quota, reward system&#x27; during Duterte drug war</a></div><p>But Yarcia said prosecutors have to show that Duterte had an &quot;essential [and] pivotal role [in these] crimes against humanity.” </p><div><br/></div><div><strong>&#x27;BLUSTER AND HYPERBOLE&#x27;</strong></div><div><br/></div><p>Duterte&#x27;s defense lawyer, Nicholas Kaufman, on Monday said his client &quot;maintained his innocence absolutely&quot;.</p><p>Kaufman argued that while Duterte used &quot;bluster and hyperbole&quot; in his speeches, he also frequently ordered authorities only to shoot in self-defense.</p><p>For Yarcia, this is not just an issue of implementation of laws and policies in relation to drugs, but rather the political reasons and the criminal intent that the former president and his alleged co-perpetrators allegedly had.</p><p>“Pero kung gagamitin natin ang evidentiary threshold na sufficient evidence, at this stage, sa aking palagay, ay natatahi ng prosecution ang mga elements para mag-proceed sa kaso,” he added.</p><div><br/></div><div><strong>RELATED VIDEO</strong></div><div><strong><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/OM9L6D9f-ss?&amp;wmode=opaque&amp;rel=0" frameBorder="0" allowfullscreen="" class="fr-draggable"></iframe></span></strong><br/></div>

<p>“Definitely lumalakas ang basehan para i-confirm ang charges at gusto natin madinig din sa mga susunod na araw ano ang magiging sagot ng defense para i-qualify o i-explain o kaya objectahan ang ebidensya na binibigay ng prosecution ngayon,” Yarcia said.</p>

“Definitely lumalakas ang basehan para i-confirm ang charges at gusto natin madinig din sa mga susunod na araw ano ang magiging sagot ng defense para i-qualify o i-explain o kaya objectahan ang ebidensya na binibigay ng prosecution ngayon,” Yarcia said.

UP lecturer: ICC prosecution’s evidence vs Duterte 'strong basis' to go to trial

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UP lecturer: ICC prosecution’s evidence vs Duterte 'strong basis' to go to trial

Job Manahan,

ABS-CBN News

Published Feb 25, 2026 04:06 PM PHT

Read More:

Rodrigo Duterte

ICC

Confirmation of Charges

Drug war

The Hague

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