June 27, 2025
MANILA – Driven by the significant challenge of destroyed or absent evidence, the Philippine government has chosen not to pursue the war on drugs cases and let the International Criminal Court (ICC) take over, Justice Secretary Jesus Crispin Remulla said Thursday.
Speaking at a press conference, Remulla acknowledged the challenges faced by the local justice system.
“It’s difficult to prove the case here and build up the case because those who need to speak are involved in the crime,” Remulla told reporters.
He further elaborated on the systemic issues with evidence, lamenting: “There’s nothing, not even a police report. You don’t have a scene of the crime [investigation], you don’t have ballistics, you don’t have DNA. We need to recreate and redo the case buildup. It’s not very easy.”
“Everything that could be erased was erased so that the cases would not push through,” Remulla said. “That is why this has reached the ICC.”
In 2017, the Supreme Court conducted an oral argument on the petition to nullify Philippine National Police (PNP) CMC No. 2016-16, otherwise known as “Oplan Double Barrel,” and its implementing rules in DILG MC No. 2017-112, which gave rise to the war on drugs.
After the conclusion of the oral argument, the high court has ordered the government to submit all “Tokhang” police reports such as details about the victim, date, time and place of the drug operations, names of PNP team leader and team members who participated in the pre-operation plan; Post operation report; Scene Of the Crime Operatives (SOCO) team leader and members who investigated the killing, and investigation reports.
READ: Supreme Court orders release of all ‘Tokhang’ police reports
However, in 2019, one of the petitioners, the Center for International Law (CENTERLAW), said the government had not complied with the order as it only submitted non-drug-related deaths.
Tacit cooperation
Remulla indicated that the Philippines has given up its jurisdiction for the ICC’s jurisdiction because it was the victims who filed their cases with the international body. While stressing that this cooperation does not signal an intent to rejoin the ICC, Remulla affirmed that it signifies a recognition of the ICC’s authority in handling the contentious cases, especially those involving former President Rodrigo Duterte.
Remulla stated that the Witness Protection Program (WPP) currently has three or four witnesses to the war on drugs, with more expected to come forward.
“Whatever it takes to protect the witnesses, we will do. Because the prosecution will rely on these witnesses to prove their case,” Remulla stated
The witness protection efforts primarily involve ensuring their safety and “bridging the gaps” whenever problems arise, allowing witnesses to function properly and reducing threats to their lives.
Remulla noted that the ICC had directly contacted their witness protection unit to initiate this unprecedented coordination.