Former President Rodrigo Duterte’s public admissions related to drug war killings pose a significant challenge to his legal defense before the International Criminal Court (ICC), Malacañang on Tuesday said.
Presidential Communications Office Undersecretary Claire Castro noted that such admissions could undermine their case. We understand his opinion, and we wish him all the luck. After all, the former president is still presumed innocent until proven guilty Castro said, referring to lawyer Nicholas Kaufman, Duterte’s lead counsel before the ICC.
Castro’s statement comes after Kaufman cited “political manipulation” as one of the main challenges in Duterte’s case, even suggesting that the former president could be viewed as a flight risk due to his widespread support.
She also emphasized the need for Duterte’s defense team to be mindful of the broader context, including the alleged harassment of families of extrajudicial killing (EJK) victims.
Despite the challenges facing Duterte’s legal team, the Palace reiterated its position on due process, stressing that the former president remains innocent until proven otherwise.
Duterte is currently under ICC's for alleged crimes against humanity in connection with thousands of drug-related deaths during his administration.
Another high-profile name has joined the defense team of the former presidenthas been named.
It was confirmed that lawyer Dov Jacobs has been appointed to assist as Associate Counsel in Duterte’s defense.
According to the document, Duterte’s lead counsel Nicholas Kaufman submitted a request for Jacobs’ appointment on April 2. The ICC Registry approved the request the next day, following Jacobs’ acceptance.
While Jacobs may be a new name to many Filipinos, he is a prominent figure in international law circles – bringing with him over 15 years of experience in international criminal law, human rights, and public international law.
According to his LinkedIn profile, Jacobs has worked as a defence trial lawyer at the ICC for more than 13 years.
Currently, he is serving on the legal teams defending Laurent Gbagbo and Mahamat Said who were also facing charges on crimes against humanity at the Hague.
Jacobs is also part of the ongoing proceedings in the Felicien Kabuga case before the Mechanism for International Criminal Tribunals (MICT).
His expertise has also been tapped as Amicus Curiae, also known as “the friend of a court” who provides opinion, in the ICC's deliberations concerning the Afghanistan and Palestine situations.
Jacobs is also an academic. He is an Assistant Professor of Public International Law at Leiden University, a guest lecturer at institutions such as Sciences Po and Universite de Lille, and has published extensively in the field.
Duterte’s defense team meanwhile urged the ICC to adopt strict standards for verifying the identities of victim applicants in relation to the crimes against humanity case.
The Supreme Court (SC) meanwhile said it received a motion to set the petition for habeas corpus case of Duterte for oral arguments.
In a social media post on Tuesday, former Chief Presidential Legal Counsel Salvador Panelo confirmed the filing on behalf of Duterte’s youngest daughter Veronica, also known as ‘Kitty’.
He filed the petition for habeas corpus (produce the body) last month which compels the Philippine government to bring back former president to the country.
Panelo added that the Motion also proposes issues including whether or not the respondent government officials can evade judicial review and correction pursuant to a writ of habeas corpus by simply removing an illegally arrested and detained person from Philippine territory.
In its 9-page Motion, petitioner cited Rule 49 of the Rules of Court which provides that the High Tribunal may conduct oral arguments on the merits of a case, at its own initiative, or upon motion of a party.
Malacañang also said Senator Imee Marcos could consult legal experts if she seeks further clarification on issues regarding diffusion and the red notice, following her questioning of Cabinet members.
Earlier, Cabinet officials declined to attend the Senate Committee on Foreign Relations’ probe into the arrest of former President Rodrigo Duterte, citing executive privilege and pending Supreme Court cases.
In a March 31 letter to Senate President Francis Escudero and Marcos, Executive Secretary Lucas Bersamin said officials had already provided detailed testimony in the March 20 hearing.
The Palace maintained that further discussions could violate the sub judice rule and unduly influence ongoing court proceedings.
Despite skipping the hearing, Malacañang assured the Senate of its willingness to cooperate through “other appropriate channels” within legal bounds.
Castro emphasized that several experts have already provided explanations, which align with the government’s decision on the matter.
Castro maintained that all necessary questions had been asked and answered for legislative planning, but some details could not be disclosed to the public.
All the necessary inquiries for legislative planning have been covered. There was no concealment, but there are matters that cannot be publicly disclosed. However, every question has already been raised and answered," she said.