A former Davao-based journalist has pushed back against the International Criminal Court prosecution’s interpretation of a decade-old video now being used in proceedings against former President Rodrigo Duterte, insisting the footage has been taken out of context.
The recording, which resurfaced during the ICC’s confirmation of charges hearing on February 23, 2026, shows the fatal shooting of three suspected thieves at Agdao Public Market in 2013. Prosecutors argued that the video indicates Duterte’s awareness of and tolerance for vigilante-style killings during his tenure as mayor.
But Ben Tesiorna, who filmed the clip, disputed that account.
“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.”
According to Tesiorna, the footage was recorded during a media visit to the newly launched Central 911 Operations Center in Davao City, where Duterte was demonstrating the capabilities of the city’s surveillance system.
“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.
In a SunStar Davao report, he added that the demonstration took place close to midnight and included zooming in on various parts of the city, even showing a couple near a fast-food outlet to highlight the clarity of the cameras. Tesiorna maintained that the clip was meant to showcase technology, not to express approval of violence.
The prosecution, however, treated the Agdao incident as emblematic of a broader pattern. Senior trial lawyer Julian Nicholls questioned why the triple killing captured on camera was never resolved. “If Mr. Duterte was the honest mayor the defense claims he was, why was this triple murder never solved?” he asked, noting that the identities of the gunmen were visible in the footage.
Deputy Prosecutor Mame Mandiaye Niang described the shooting as part of what he characterized as a sustained anti-crime campaign, alleging that perpetrators operated with institutional protection. Prosecutors also displayed a slide naming five individuals they labeled as 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. They contend that Duterte established and directed a group referred to as the Davao Death Squad and later applied what they call the “Davao Model” at the national level.
Duterte, 80, is facing allegations of crimes against humanity tied to his anti-drug campaign and earlier anti-crime initiatives in Davao City. The ongoing confirmation of charges hearing will determine whether judges find substantial grounds to move the case to trial.
After the prosecution concluded its presentation, representatives of victims addressed the chamber before the defense team responded. Duterte’s lead counsel, British-Israeli lawyer Nick Kaufman, accused prosecutors of “cherry-picking” evidence to fit a narrative of state-sponsored violence.
