DAVAO CITY – A veteran journalist here executed a notarized affidavit of denial on Thursday, Feb. 26, disputing the use and presentation of a closed-circuit television video shown by the prosecution during the confirmation of charges hearing before the International Criminal Court involving former President Rodrigo Duterte.
In his sworn statement, Ben Tesiorna said he personally recorded the video on Dec. 19, 2013, during a media presentation of the newly installed closed circuit television system of Davao City’s Central 911. He asserted ownership of the footage and said he never authorized its showing or worldwide broadcast for any purpose.
Tesiorna claimed that during ICC proceedings on Feb. 23, 2026, Prosecutor Julian Nicholls presented a version of the video with English subtitles that were not part of the original recording. He alleged that adding subtitles constituted unauthorized and illegal tampering and misrepresented the footage’s context.
According to the affidavit, the video was not intended to depict a real-time killing, extrajudicial killing, or crimes against humanity.
Tesiorna said the footage was shown solely to demonstrate the CCTV system’s technical capabilities, which, at the time, were described as comparable to those of surveillance systems used in other major cities.
The veteran journalist stressed that no crime occurred while the video was being played during the 2013 presentation. He added that neither he nor any of the other journalists present reported any crime to the police during or after the media briefing, which he said supports his assertion that the footage did not show a live incident.
Tesiorna added that police records could confirm that no killing took place at the specified location on Dec. 19, 2013, noting that a separate incident in Agdao earlier that month had already been investigated.
He also denied any coordination or cooperation with ICC prosecutors, saying ICC investigators never contacted him before the video was presented in court.
Tesiorna said the broadcast of the footage has placed him and his family at risk and damaged his reputation by creating the impression that he collaborated with the prosecution.
He asked the ICC Pre-Trial Chamber to order the removal of the video from court records and require the prosecutor to issue an apology for misrepresentation.
Tesiorna demanded a public apology before the conclusion of the confirmation of charges proceedings, warning that failure to do so could prompt legal action, including potential claims related to cyber libel, damages, and copyright infringement.