The role of the Department of Justice (DOJ) in the International Criminal Court (ICC) case against former President Rodrigo Duterte is limited to witness protection.

Justice Assistant Secretary and spokesperson Mico Clavano said the ICC directly coordinated with retired police colonel Royina Garma regarding her statements and possible affidavits.

Clavano explained that the coordination between the Philippine government and the ICC is handled through the witness protection program director, and only matters concerning protection are discussed.
"We have no idea about the substance of the affidavit and the statements of Colonel Garma. We only asked about their arrangements; we have to make sure she is safe and protected in the Philippines," he said.

Garma, former general manager of the Philippine Charity Sweepstakes Office (PCSO), is facing a murder complaint over the death of former PCSO board secretary Wesley Barayuga.

In a House inquiry last year, Garma said former President Rodrigo Duterte asked her to find an officer to replicate the Davao model for the drug war on a nationwide scale.

She traveled to the United States in November 2024 but was flagged by authorities due to a canceled visa and filed for asylum, which was denied.

Clavano added that when Garma returned to the Philippines last week and flew to Kuala Lumpur, the DOJ and the National Bureau of Investigation arranged for her safe escort.
"Those were the steps that we took within the DOJ, and we hope that she continues to be safe despite being in another country," he said.

However, Clavano emphasized that the Wesley Barayuga case is only part of the larger evidence the ICC lawyers must present to establish a "pattern of killings" during the previous administration.

He said the DOJ continues to investigate the alleged Barayuga killing.
"There is always that possibility (for Garma to be a state witness). Kaya lang po, kailangan muna niyang ilatag yung information sa atin ng maganda. There has to be somebody who is more guilty than her in the case, dahil isa po yan sa mga requirements para madischarge as a state witness... Hanggang di po siya maglatag ng mga pangalan na mas guilty sa kanya, yung mga umutos sa kanya ng ganitong bagay, we cannot consider her as a state witness yet," he shared.

Meanwhile, DOJ Secretary Jesus Crispin Remulla said Garma intends to meet with ICC personnel in the Philippines. He earlier confirmed reports that Garma agreed to be the ICC’s witness.