Former Integrated Bar of the Philippines (IBP) national president and constitutional law expert Atty. Domingo Egon Cayosa said former president Rodrigo Duterte may end up confessing to the alleged killings if he were present during the confirmation of charges before the International Criminal Court (ICC).a

“This is just an opinion, but it may be one reason why the defense does not want to present him in court or allow him to speak—perhaps because he might stand by or repeat the things he has said in the past,” Cayosa said in Filipino during an interview with DZBB on 28 February.

This comes as prosecutors have repeatedly cited Duterte’s own recorded speeches to establish his alleged accountability for extrajudicial killings linked to the war on drugs during his term.

For Cayosa, the prosecution’s strength lies in the documentary and recorded evidence, noting that “Duterte appears to encourage and mandate the police to take shortcuts,” which allegedly led to a large number of killings instead of arrests.

Another strength cited by Cayosa is documentation showing that the killings were widespread and carried out without due process, including the absence of proper investigations, case filings, and court proceedings.

Cayosa also commended the hearing process, saying both parties were given sufficient opportunity to speak and that the lawyers were simply doing their jobs.

To establish crimes against humanity, Cayosa said the prosecution must prove that the killings were widespread, directed against a civilian population such as drug users, and carried out through an organization, scheme, or system.

“So the idea is misplaced that if there are 10,000 cases, all 10,000 must be shown to prove how the president was involved. That is not how crimes against humanity work,” he said.

“In my view, it will proceed to trial because the level of evidence required—the quantum of evidence—is only substantial evidence; it does not yet have to be proven beyond reasonable doubt,” he added.

Duterte faces three charges: alleged murders committed by the Davao Death Squad (DDS); killings of high-value targets; and murders and attempted murders linked to barangay clearance operations. The ICC chamber has 60 days to release its decision on whether the case will proceed to trial.