Two ICC witnesses to testify on Parojinog, Kian murders

Advocates join the family and friends of Kian delos Santos on August 16, 2025, in Barangay 160, Caloocan City, for a prayer vigil at the exact spot where the 17-year-old student was killed during an anti-drug operation. Maria Tan, ABS-CBN News/FileMANILA — Prosecutors at the International Criminal Court (ICC) have asked Trial Chamber III to admit the prior recorded testimonies of two additional witnesses under Rule 68(3) in the crimes against humanity case against former President Rodrigo Duterte.

The witnesses, identified only as P-0025 and P-1382, are expected to provide evidence relevant to the murder charges under Counts 2 and 3. Their testimonies concern four charged incidents linked to Duterte’s war on drugs: Incidents 14, 30, 46 and 55.

According to the prosecution’s September 4 Trial Brief, Incident 14 concerns the killing of Ozamiz City Mayor Reynaldo Parojinog Sr. and several others during a police operation on July 30, 2017. 

The prosecution said the family had faced threats from then-Ozamiz police chief Jovie Espenido, even after surrendering firearms. It also cited Duterte’s later statement that he had ordered the operation and his public praise for Espenido. Police initially claimed the victims had been killed in self-defense.

Incident 30 concerns the killing of 17-year-old Kian Loyd delos Santos by police in Caloocan City on August 16, 2017. Police initially claimed he had fired at them, but the killing prompted widespread public backlash. The trial brief also described an alleged quota system in Caloocan under which police were expected to record killings during operations.

Incident 46 refers to the killings of two alleged drug suspects in Bulacan on or about May 30, 2018. Their names, the exact date and the location are redacted in the brief. 

The prosecution said police officers and assets kidnapped the two men, took them to a secluded location and killed them. One was allegedly shot, while the other was shot and suffocated. The group allegedly planted evidence to portray the victims as criminals and support a “nanlaban” account.

Incident 55 concerns the killing of an unnamed alleged drug user in Quezon City on a date in 2016 that is redacted in the brief. The prosecution said police officers in civilian clothing shot him, planted shabu, money and a gun, and falsely claimed he had been killed in self-defence during a buy-bust operation.

Prior recorded testimonies include transcribed witness statements and related materials, such as spreadsheets and other documents. 

In its October 30, 2026 filing, the prosecution said both witnesses gave extensive but voluntary interviews. P-0025 was interviewed by the prosecution for four days, while P-1382 was interviewed for one day.

Both witnesses are expected to discuss the increase in killings during Duterte’s presidency and challenge “nanlaban,” or self-defense, narratives by the Philippine National Police (PNP). 

The prosecution said their testimonies are “corroborative of, and cumulative to the evidence” to be provided by other witnesses. It said they would help establish the contextual elements of crimes against humanity, including the alleged policy to “neutralize” individuals through violent crimes such as murder, and the widespread and systematic nature of the alleged policy.

As in its previous nine requests under Rule 68(3), the prosecution also asked to conduct a focused viva voce, or oral supplementary examination, of each witness. The defense team and the Common Legal Representatives of Victims (CLRV) will also have the opportunity to cross-examine them.

Rule 68 of the ICC Rules of Procedure and Evidence governs the admission of previously recorded witness testimony. Under paragraph 3, the testimony may be introduced to streamline proceedings and avoid unnecessary repetition, provided the witness appears before the court.

At the fourth status conference before Trial Chamber III, the prosecution said it had reduced its witness list from 193 to 173. So far, it has requested the application of Rule 68(3), which requires witnesses to appear in court, for a total of 28 witnesses, including one expert witness.

The prosecution has also asked the Chamber to apply Rule 68(2)(b) to eight other witnesses. If granted, this would allow their prior recorded testimonies to replace their live testimony in court.