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Bella Cariaso - The Philippine Star
March 17, 2025 | 12:00am
MANILA, Philippines — The prosecution should provide the camp of former president Rodrigo Duterte a copy of all the evidence against him, in preparation for his trial, one of the five Filipino lawyers accredited by the International Criminal Court (ICC) said yesterday.
“The most important things to happen between now and September is the disclosure of the prosecutor to the former president… the evidence to be used (by the prosecution) during the trial… the evidence will be given in advance so that the defense can prepare. That’s the privilege given by the ICC,” Joel Butuyan said in an interview with dzBB.
The ICC scheduled the confirmation of charges hearing for Duterte on Sept. 23.
“The prosecution has the obligation to share with the former president any evidence that can help in his defense. That’s the difference between the ICC and the Philippines,” he noted.
Butuyan said Duterte’s camp can question the issuance of the arrest warrant against him, as well as the jurisdiction of the ICC.
“If the camp of former president Duterte will file motions, the ICC will give the prosecution sufficient time to answer. The pre-trial chamber will issue a ruling,” he said.
Butuyan mentioned that the prosecution presented 43 cases against Duterte, including 19 when he was a mayor of Davao City and 24 cases nationwide to prove that the murders happened throughout the country.
“They will present a sample case to prove that it became a policy of Duterte to kill as a solution to illegal drugs,” he said.
Separate murder cases can still be filed against Duterte in the country, he said.
“The prosecution can also present statements of Duterte, his co-perpetrators during the hearings of Congress as well as testimonies of self-confessed assassins that there were orders to kill drug personalities,” he said.
At the same, Butuyan said that while Duterte’s camp can move for his interim release, the ICC is unlikely to grant that request.
“Only one was granted interim release but not charged with crime against humanity and unlike in the situation of Duterte that his family remains powerful, it’s my belief that it will be difficult for him to be released,” he said.
He said that the case would also take years before a decision is rendered.
‘Sorry for the confusion’
Meanwhile, the PDP-Laban senatorial candidate who had claimed that the Supreme Court (SC) issued a temporary restraining order on Duterte’s arrest and transfer to The Hague has now backpedaled on his statement.
“We just received an advisory from the SC. We received the call that the TRO was granted,” lawyer Raul Lambino said, without naming who called him.
Lambino, who was with another lawyer at the time – Israelito Torreon, admitted they went to the SC in a last-ditch effort to have Duterte released.
“We went to the SC hoping we could get a TRO, but none was issued. Then on the following day, the SC released an order denying our request for an injunction,” he said.
Lawmakers previously warned Lambino and Torreon that they should be punished for violating the code of ethics of lawyers in case they intentionally spread fake news about the presence of a TRO.
‘Duterte companions have no visa’
Interior Secretary Jonvic Remulla has confirmed that those who accompanied Duterte inside the chartered plane to The Hague did not have a Schengen visa.
“It was an emergency. They were allowed to board but not to disembark so they only stayed inside the plane,” Remulla said.
Remulla said the Office of the President paid for the chartered plane.
“The private plane has 12 seats. There were 10 passengers, including former president Duterte, three members of the Philippine National Police, two securities of FPRRD, former executive secretary Salvador Medialdea, two doctors and one nurse, 10 in the manifest,” Remulla said, adding that only Medialdea was a visa holder. — Delon Porcalla
