Retired Supreme Court Senior Associate Justice Antonio T. Carpio said the prosecution’s presentation at the International Criminal Court (ICC) confirmation of charges hearing against former president Rodrigo Duterte shows overwhelming evidence, with even stronger material expected at trial.
Speaking on ANC’s Headstart, Carpio pointed to Duterte’s own recorded statements as particularly damaging.
Extrajudicial Admissions Key
Carpio noted that prosecutors already presented video clips of Duterte allegedly admitting to killings connected to the drug war.
“These are what we call extrajudicial admissions,” he said, explaining that voluntary statements on record are admissible in court.
He added that the prosecution appears to be reserving Duterte’s sworn testimonies before Senate and House hearings — which he described as even stronger evidence — for the full trial.
‘Widespread and Systematic’ Killings
According to Carpio, the prosecution established the nationwide scope of the killings through mapping and official documentation.
He highlighted the Philippine National Police’s Oplan Tokhang circular, which stated that drug suspects would be “neutralized.”
“Neutralized means shall be killed,” Carpio said, describing the circular as written proof of a common plan.
He stressed that the policy was documented and implemented nationwide, supporting the allegation that the killings were widespread and systematic.
Davao Pattern and Insider Witnesses
Carpio also cited Duterte’s own admissions regarding killings during his time as Davao City mayor.
He noted that insider witnesses — including former members of alleged death squads — are expected to testify, further strengthening the prosecution’s case.
“These people… committed the crime upon instruction,” he said.
Why Local Courts Did Not Act
Asked whether Philippine courts could have handled the case, Carpio said the absence of domestic charges is itself telling.
“Up to now, there is no charge… no preliminary investigation,” he noted.
He pointed to two major obstacles:
- Police records were allegedly cleaned up
- Witnesses could face intimidation if cases were filed locally
Because police personnel were involved in the alleged operations, he said domestic prosecution would have been extremely difficult.
Carpio distinguished the situation from past prosecutions of former presidents, noting that those involved corruption cases, not crimes against humanity involving mass killings.
Due Process at the ICC
Carpio said the ICC proceedings demonstrate strict adherence to due process, noting that suspects are given full opportunity to prepare their defense.
He described the detention conditions as humane and said the court carefully follows procedural safeguards before allowing a case to proceed to trial.
Liability of Key Figures
Carpio said liability extends beyond the gunmen to those who issued instructions.
He described former police chief Senator Ronald “Bato” dela Rosa as potentially “next most liable” after Duterte, given his role in implementing the campaign.
He also cited affidavits alleging that Senator Christopher “Bong” Go relayed instructions to operatives — a factor that could support conspiracy allegations if proven.
A Historic Moment
Carpio called the case historically significant, noting Duterte is the first Asian leader brought before the ICC.
More broadly, he urged national reflection.
“How did we allow this?” he asked, referring to the thousands of killings acknowledged in official police reports.
Carpio stressed the need for the country to learn from the episode to prevent similar abuses in the future.
“The worst thing that any leader can do is to kill his own people,” he said.