PROSECUTORS at the International Criminal Court (ICC) opened their case against former President Rodrigo Duterte on February 23, 2026, presenting CCTV footage they say shows his knowledge of and tolerance for killings in Davao City.
The confirmation of charges hearing will determine whether there are “substantial grounds” to bring Duterte, 80, to trial for alleged crimes against humanity linked to his anti-drug campaign and earlier anti-crime operations while he was Davao City mayor.
CCTV footage at the center
A 2013 CCTV recording became a focal point of the prosecution’s case. The clip, previously circulated online, shows the fatal shooting of three alleged thieves at the Agdao Public Market. Prosecutors said the footage captures Duterte viewing the incident, with his reaction suggesting approval, reinforcing claims that the gunmen, allegedly part of the so-called Davao Death Squad, operated without fear of consequences under his leadership.
“If Mr. Duterte was the honest mayor the defense claims he was, why was this triple murder never solved?” senior trial lawyer Julian Nicholls asked, noting that the shooters’ identities were clearly visible on CCTV.
Deputy Prosecutor Mame Mandiaye Niang said the Agdao killings were not isolated, describing them as part of a systematic anti-crime campaign and alleging an institutional pattern of protection for perpetrators.
Alleged co-perpetrators
Prosecutors also presented a slide listing five individuals they described as Duterte’s alleged co-perpetrators: Senators Ronald “Bato” Dela Rosa and Christopher “Bong” Go; former Davao City police chief Vicente Danao; former NBI regional director Dante Gierran; and lawyer Vitaliano Aguirre II. The prosecution claims Duterte created and directed the Davao Death Squad and institutionalized the “Davao Model,” later replicated nationally.
Ex-journalist disputes interpretation
Former Davao journalist Ben Tesiorna, who recorded the footage, disputed the prosecution’s claims. In a statement to SunStar Davao, he said Duterte was demonstrating the city’s newly installed CCTV system, not gloating over killings.
“I took that video myself, and nowhere in it was FPRRD gloating about the killings,” Tesiorna wrote in a comment on a national media report. “He was simply proud of the high-tech CCTVs that could zoom in several meters, which was more than a decade ago.”
Tesiorna said the footage was recorded during a journalist's visit to the newly established Central 911 Operations Center in Davao City.
“Dugay na to na video. Gi-invite mi ni Duterte para tan-awon tong central 911 operation center nila kay bag-o pa tong 911 na to (That video was taken a long time ago. We were invited by Duterte to see the central 911 operations center because the system was still new at the time),” he said.
He added that the recording was made around midnight, with Duterte demonstrating how the cameras could zoom in on distant scenes, including a couple near a fast-food outlet. Tesiorna maintained that the clip was a demonstration of surveillance capabilities, not an endorsement of extrajudicial killings.
Defense signals strategy
Duterte’s lead counsel, British-Israeli lawyer Nick Kaufman, accused prosecutors of “cherry-picking” evidence to fit a narrative of state-sponsored violence. Following the prosecution’s presentation, victim representatives spoke, and the defense responded.
The confirmation hearing continues on February 26 and 27.
Pre-Trial Chamber I judges may take up to 60 days after the hearings to decide whether to commit Duterte to trial.