After two days of "airtight" and "clinical" presentations by the prosecution at the International Criminal Court, the defense team of former President Rodrigo Duterte must now address evidence they did not address in their opening speech on the first day.
ICC prosecutors used their time at the confirmation hearing to show that Duterte has established a national system of assassination. These include a Philippine National Police circular ordering that targets be "neutralized," public speeches by Duterte encouraging summary executions, and a "kill list" implemented by a national network.
On the other hand, lead defense counsel Nicholas Kaufman in his opening statement on Monday did not focus on the evidence. Instead, he presented the case as political persecution against Duterte. He accused Marcos Jr. of betraying Duterte and questioned the integrity of the prosecution and the victims' advocates, while portraying Duterte as the leader chosen by Filipinos because of his strong stance against crime.
According to lawyer Jojo Lacanilao, the defense's weakness is clear. "It seems like their tactic is delay, delay, delay," he said. He said Kaufman's strategy is almost an argument that "everyone is guilty except Duterte" — including Marcos, the prosecution, and even some academics abroad — but there is no legal basis to exonerate the former president.
In closing, the defense team will be given all of Thursday — three and a half hours — to present their case. Meanwhile, the prosecution presented strong evidence ranging from the Davao Death Squad to the nationwide killing spree. They proved all four elements of crimes against humanity: widespread and systematic attacks, targeting civilians, execution under state policy, and Duterte's knowledge of the crimes.
