‘Last recourse’ | Victims, prosecution expose impunity on confirmation of charges hearing

By DOMINIC GUTOMAN
Bulatlat.com

MANILA – “I have yet to receive genuine justice,” a relative of victims of Duterte’s “war on drugs” told Bulatlat on the first day of Rodrigo Duterte’s confirmation of charges before the International Criminal Court (ICC), February 23, 2026.

Mary Ann Domingo’s husband  Luis and her son, Gabriel Bonifacio, were killed on September 15, 2016.

She filed a case in 2017 but waited seven years to hear the decision of the Caloocan Regional Trial Court Branch 121, convicting four low-ranking police officers for the death of her loved ones. 

However, even after securing a conviction, she is yet to receive justice as the perpetrators have appealed the decision.

Domingo joined many of the families who had gathered at the UP College of Law to watch the ICC hearing together.

“This is important for us,” Domingo told Bulatlat in Filipino. “I filed a case (but) I can still feel that those in power continue to control the justice that I have been waiting for so long.”

Domingo’s case is only among the five cases related to Duterte’s so-called “war on drugs” that resulted in convictions.

Her court win may be a victory but she could not help but feel the frustration. “It’s written on paper—but will justice ever go beyond the papers?”

The ICC confirmation of charges hearing pushed through despite Duterte’s waiver of right to be present. The ICC Pre-Trial Chamber I will determine whether there is sufficient evidence to establish substantial grounds to believe that Duterte is responsible for the crimes against humanity of murder and attempted murder during his mayoral and presidential terms.

Read: Duterte’s cowardice shows in letter to ICC

The prosecution, the common legal representatives of the victims, and Duterte’s legal team were given the opportunity to read their opening statements and lay down the foundations of their argument over the course of hearing.

Joel Butuyan of CenterLaw Philippines, and one of the common legal representatives of the victims, exposed the widespread impunity and power that Duterte continues to hold in the Philippines.

“This case symbolically represents the last boat that the victims can board to go on a journey in search of justice for their loved ones who were brutally killed upon the orders of Mr. Duterte,” Butuyan said in his opening statement. “There is absolutely no other recourse for the victims.”

The irreparable harm to the victims and the families left behind is at the center of the opening statement. It emphasized that the majority of those killed were sole breadwinners coming from poor families, who depended on each day’s wage for sustenance.

Widowed spouses have had to take on the roles of two parents. The development of the orphaned children was compromised.

Butuyan also underscored that the trauma extended, not only within the families, but across whole communities.

He added that the situation in the Philippines has been marred not only with impunity, but with the glorification of the deaths by Duterte himself and by his allies and supporters.

Hearing at the chamber

“The victims of extrajudicial killing charges in this case were brutally murdered, some after having been abducted and mistreated. Unlike Mr. Duterte, who is represented by his counsel here today, was deprived of any form of due process,” ICC deputy prosecutor Mandiaye Niang said, emphasizing that the victims were not only met with indifference but explicit mocking in speeches. 

Niang also underscored that Duterte had formal operational supervision and control of the Davao Death Squad during his mayoral period.

When he became president, Duterte, as the commander-in-chief, also had the authority to wield de-facto control in the police, military, and other agencies in implementing the “common plan” nationwide.

“While this court cannot reunite victims with their loved ones, it can help reveal the truth about what happened to them and bring a sense of justice to the victims,” he added.

Witness statements, insider statements, speeches, documents signed by Duterte, official government documents, police records, drug watchlists, audio and video materials, and forensic and financial evidence are all cited as the basis of the ICC prosecution for charging Duterte.

Duterte’s legal counsel Nicholas Kaufman said that Duterte’s statements were not criminal and not aimed at the drug pushers but to “those poisoning society with their substances.” 

“We hope to convince you of the wholly insufficient nature of the evidence against Rodrigo Duterte. We will show you that the paltry number of speeches on which the prosecution rely do not manifest criminal intent,” Kaufman said in the court.

He even said that human rights activists, academics, and even journalists who covered the ground zero of Duterte’s so-called “drug war” twisted his words to promote a “partisan agenda.”

During the Justice Watch, Tuwali human rights lawyer Raymond Marvic Baguilat told Bulatlat that Kaufman’s statements were largely political. 

“We were shocked that even institutions — whose work are evidence-based, scientific, and grounded on reality — were attacked. We need substantial evidence instead of veiled remarks,” Baguilat said.

The hearing became an exchange of narratives with Duterte’s statements, uncovering his intent. 

Meanwhile, Senior Trial Lawyer Julian Nicholls said during the hearing: “Disregard every speech ever made by Mr. Duterte. Throw them all out, there is still ample evidence of substantial grounds based on the other evidence which we have put on our list of evidence.”

Duterte’s background was also challenged by the prosecutors, in contrast to Kaufman’s attempt to humanize him.

His position as a lawyer and former prosecutor made him well aware that the crackdown was a criminal attack on civilians in the Philippines.

“Overwhelmingly, the evidence shows that the poorest of the poor were his victims. He knew his conduct at its core was criminal,” Nicholls added. 

“Not only did Mr. Duterte clearly intend his criminality, he openly bragged about it. Right up until his arrest.”

Persistent trauma

The hearing may have started but the trauma has not ended for the victims. 

On November 17, 2016, the three-year-old daughter of Donnalyn Bello, was grazed by a bullet at her feet while they were buying goods from a truck.

In an interview with Bulatlat, Bello can still vividly recall when three consecutive gunshots were fired at a man beside her, prompting her to run away immediately. 

Minutes of running away, she found out that her daughter’s foot was bleeding, leaving her temporarily crippled. Her daughter is now in seventh grade. 

“Whenever we hear a loud bang, our body freezes,” Bello said in Filipino. “The presence of police render us with a chilling fear and anger.”

Domingo, up until this day, can still remember the last scene she had with her husband and son. 

“What weighs on me most—what keeps replaying in my mind—are the desperate pleas of my husband and child,” Domingo said. “When we were being dragged downstairs, they were begging for mercy. I can still hear their screams.”

Duterte’s anti-illegal drug campaign is known both for the killings in official police operations and vigilante-style by unidentified men— prompting the reports of more than 30,000 victims by the human rights groups.

The confirmation of charges hearing will continue until February 27.

If one or more charges are confirmed, Duterte is deemed accused and the case will proceed to trial.

ICC Pre-Trial Chamber I has a minimum of 60 calendar days to make a decision on the confirmation of charges. (JDS, RVO)

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