Journalist who filmed video says ICC misinterpreted context of Duterte footage used as evidence

A Davao City-based journalist has disputed the International Criminal Court’s use of a video he recorded that is now being cited in proceedings involving former President Rodrigo Duterte.

Ben Jason Tesiorna, who filmed the footage in 2013, said prosecutors misinterpreted the context of the video. In an interview with 103.1 Brigada News FM in Mati City, Tesiorna said he has demanded the clip be removed as evidence or he would consider legal action against the ICC.

“I demanded that they take down the video as evidence, or otherwise I will take legal action against the ICC,” he said.

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Tesiorna explained that he recorded the video at about 1:41 a.m. on Dec. 19, 2013, when Duterte, then mayor of Davao City, was presenting newly installed closed-circuit television cameras capable of zooming in and out.

He said the presentation of the video made it appear as though a killing was being shown live, which he disputed. Tesiorna said the footage was taken early in the morning during a demonstration of the city’s Central 911 surveillance equipment.

He added that local reporters and residents knew Duterte often conducted activities at night and had a reputation for being nocturnal.

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Tesiorna said no one sought his permission before using the video as evidence. He described the use of the footage as malicious and said sources of evidence should be consulted to clarify context and narrative before being presented in court.

He said an affidavit was being finalized and would be signed Feb. 26, 2026, before being sent to the ICC. Tesiorna said three media members were included in the affidavit but did not identify the others.

The video remains available on Tesiorna’s YouTube channel, where it was uploaded about 12 years ago under the title “Davao City’s hightech cctvs.”