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The International Criminal Court (ICC) Office of the Prosecutor released on Monday evening, September 22, (Manila time) a redacted version of the “Document Containing the Charges” against former president Rodrigo Duterte.
The document signed by Deputy Prosecutor Mame Mandiaye Niang recommends that Duterte stand trial for three counts of murder and attempted murder in relation to the alleged extrajudicial killings during his time as mayor of Davao City and later as president of the Republic of the Philippines.
According to the 15-page document, Duterte is "criminally responsible" for the following:
Count 1: Murder as a crime against humanity from 2013 to 2016 during his mayoral tenure (19 victims);
Count 2: Murder as a crime against humanity from 2016 to 2017 from various locations during his presidential period (14 victims);
Count 3: Murder and attempted murder as a crime against humanity during barangay clearance operations from 2016 to 2018 under his administration as president (45 victims).
The prosecution also identified the former president’s individual criminal responsibility as 1) indirect co-perpetration; 2) ordering and/or inducing the crimes; and 3) aiding and abetting the said criminal acts.
According to the document, Duterte and his co-perpetrators had a common plan or agreement against suspected drug criminals which he utilized during his stint as mayor of Davao City and later as president of the country.
“DUTERTE meant to engage in the charged conduct, and intended, or was aware that violent crimes including murder would be committed in the ordinary course of events as a result of the implementation of the Common Plan. DUTERTE was aware that the Common Plan involved an element of criminality and was aware of the fundamental features of the DDS and the National Network which enabled him to exercise control over the charged crimes together with his Co-Perpetrators. DUTERTE was also aware of the factual circumstances which allowed him to have joint control over the crimes, together with his Co-Perpetrators,” the document read.
The prosecution claimed that former president Duterte made essential contributions to the planning of the crimes in Counts 1 to 3 through a number of methods specified as follows:
a. Designing and disseminating the policy to ‘neutralise’ alleged criminals, both as a mayor and later as a president. This include his endorsement of the anti-illegal drugs campaign ‘Double Barrel’;
b. Establishing and overseeing the Davao Death Squad (DDS);
c. Instructing and authorising violent acts including murder to be committed against alleged criminals, including alleged drug dealers and users;
d. Providing personnel and other necessary logistical resources such as weapons including those to be used in the execution of the crimes;
e. Appointing key personnel to positions which were crucial to the execution of the crimes;
f. Offering financial incentives and promotions to police officers and hitmen to kill alleged criminals;
g. Creating and maintaining a system in which perpetrators knew they would be protected, including through promises of immunity and shielding perpetrators from investigation and prosecution;
h. Making public statements authorising, condoning and encouraging killings of alleged criminals, both as Mayor of Davao City and President of the Philippines;
i. Authorising State actors to take part in the anti-drugs campaign and temporarily revoking such authorisation, including to placate public outcry;
j. Publicly naming individuals and holding up charts from lists of alleged criminals, including so-called ‘high-value targets’, some of whom were subsequently killed.
Aside from the above reasons, the prosecution said Duterte used his authority to order the members of the DDS and assisted them to commit the relevant crimes.
“Duterte meant to engage in this conduct and was aware of his position of authority over the physical perpetrators of the crimes,” the prosecution said.
“He intended that violent crimes including murder would be committed or was aware that they would be committed in the ordinary course of events as a result of the implementation of the orders,” it added.
The former president, now 80 years old, is accused of extrajudicial killings during the hype of his administration’s war on drugs carried out between 2011 and 2019.
His confirmation of charges was originally scheduled to begin on September 23 but his legal team requested to delay the trial citing him unfit due to health issues.
The Philippine Atmospheric, Geophysical and Astronomical Services Administration (PAGASA) warned the public to brace for a strong tropical cyclone in the coming days as Tropical Depression #NandoOPH affects areas in the country.
According to PAGASA, #NandoPH is likely to develop into a super typhoon by Saturday, September 20.
PAGASA chief Nathaniel Servando said the weather disturbance is expected to strengthen while traversing extreme Northern Luzon, in which case Signal No. 5 would be hoisted.
Additionally, the weather agency said that while tropical depression Nando has maintained its strength while moving over the Philippine Sea, it is expected to intensify further crossing the area..
TD #NandoPH is the 14th storm to hit the country this year.
PAGASA advised the public to take caution as heavy to torrential rains are possible due to the combined effects of habagat or southwest monsoon and TD Nando specifically on Saturday and Sunday.
The Department of Public Works and Highways (DPWH) slashed a big chunk from its original proposed budget for next year.
Facing the House Committee on Appropriations on Wednesday, September 17, DPWH Secretary Vince Dizon explained that a total of P252.53 billion was cut from the original amount of the agency’s proposed budget of P881.312 billion following careful scrutiny as directed by President Ferdinand Marcos Jr.
Dizon said the slashed amount referred to the supposed allocation for locally-funded flood control projects and only foreign-assisted flood control projects for next year were retained with an allocation of P15.77-billion.
"As everyone is already aware, the President has repeatedly said that he wants the budget for locally-funded flood control to be zero for 2026," Dizon said.
This leaves DPWH with only a P625.784 billion budget for next year. The said amount is 28.99 percent lower than the first proposal under the National Expenditure Program (NEP).
Sec. Dizon clarified that the President Marcos only wants swift completion of all existing or ongoing flood control projects nationwide but it doesn’t mean that the government leaves a total zero budget for flood control.
"Hindi ibig sabihin ay wala nang flood control unang-una, para sa Metro Manila. May budget din [ang] MMDA sa flood control. Hindi totoo [na] zero. May budget [ang] foreign-assisted projects tulad [ng] Pasig-Marikina area. Tuloy naman po ‘yun," he explained.
Dizon assured they will make careful considerations when preparing the proposed budget for 2027. He admitted that weeding out suspicious allocations from the agency’s budget does not happen overnight.
Among the items removed from next year’s funding include duplicate and completed projects, overlapping sections in road projects as well as rock netting, cat’s eye and studs’ projects.
Apart from the said projects, the DPWH is continuously investigating other flood control projects for possible corruption. Recently, Dizon led the filing of cases against those involved in irregularities.
"We are preparing. As of the moment, three more cases but we are currently investigating more than a hundred projects nationwide," Dizon noted, adding that the agency has been receiving complaints of irregularities in infra projects with traces back from the previous administration up until this year.
"Based on the discussion with the ICI in the past few days is tuloy-tuloy ang pagpa-file and we are targeting one case every week ang ipa-file," he further said.
Likewise, Sec. Dizon took note of the revelations made by Mayor Joy Belmonte about ghost projects in Quezon City which they plan to review as well.
He ensured that the DPWH will closely cooperate with the Independent Commission for Infrastructure (ICI) for the filing of appropriate complaints against those involved.
With this, the secretary expects the investigation to expand as the agency received more complaints apart from those already submitted and those received through the president’s portal ‘Sumbong sa Pangulo’.
The Bureau of Immigration (BI) is closely monitoring all 43 individuals being linked to suspicious flood control projects following the issuance of an immigration lookout bulletin order (ILBO) from the Department of Justice (DOJ).
Immigration Commissioner Joel Viado said they received the ILBO on Wednesday afternoon, September 3, directing the Bureau to strictly monitor all 35 names on the list.
Signed by Justice Secretary Crispin Remulla, the order followed a request from Senator Rodante Marcoleta and Atty. Rodolfo Noel Quimbo to place the said individuals under close watch while the Senate Blue Ribbon Committee conducts its inquiry in aid of legislation on the alleged anomalous contracts related to several flood control projects in the country from the year 2022.
Marcoleta chairs the Senate Committee on Accountability of Public Officers and Investigations while Quimbo is the Director General of the Blue Ribbon Oversight Office Management (BROOM).
Commissioner Viado clarified, however, that the ILBO is “for monitoring purposes only” and is not sufficient to restrict the individual from departing the Philippines.
Under the order, immigration officers are instructed to verify from relevant agencies the consequences of the subject’s departure and to collect the necessary information about the subject’s travel.
Included in the list are Alex and Raymond Abelido, Cezarah Discaya and 40 others.
Vice President Sara Duterte said former President Rodrigo Duterte was happy to see his four children during a recent visit in his detention facility in The Hague, The Netherlands.
"Masaya siya, (He’s happy)” Vice President Sara said of her father.
“He's been informed of it since Friday of last week…Meron kaming approved visit na kaming apat. So, masaya siya na nakakausap niya kami. (We were approved to visit, all four of us. So, he was happy to be able to talk to us,)" she added.
All four of them - Paolo, Sara, Sebastian, and Veronica - visited the former president at the International Criminal Court on Wednesday, August 27.
The vice president said their discussions were mostly personal or family matters and nothing about politics nor anything related to the 2028 national elections.
"Nothing about the future. No concrete plans about the future. Pero napag-uusapan lang kung ano ‘yung mga nangyayari ngayon at ano ‘yung posibleng mangyari bukas, sa susunod na taon in three years from now. So, ‘yun, ‘yung mga napag-usapan kanina (We discussed current and possible events in the future, what will happen three years from now. That’s all we talked about earlier),” the vice president noted.
Meanwhile, VP Sara did not get into the details of the upcoming confirmation of charges against former president Duterte happening on September 23.
Duterte’s lead counsel Atty. Nicholas Kaufmann recently stated, however, that they are already set and prepared for the proceedings.
