On a gray November morning in Manila, the air was thick with both incense and memory as Joel Ejorcadas and Marlon Pepito Jr. stood quietly at the Dambana ng Paghilom shrine. Nestled within the La Loma Catholic Cemetery in Caloocan, the shrine is a somber testament to the 111 victims of extra-judicial killings—names etched into the fabric of a nation still grappling with the aftermath of former president Rodrigo Duterte’s bloody anti-drug campaign. For Ejorcadas and Pepito, this was more than a ritual of remembrance; it was a cautious, flickering hope that justice, long elusive, might finally be within reach.
Their optimism is rooted in recent developments at the International Criminal Court (ICC), where Duterte, now 80, has been held in detention in The Hague since March 12, 2025. He faces charges of crimes against humanity for thousands of deaths linked to his administration’s war on drugs—a campaign that, according to survivors like Ejorcadas and Pepito, left families shattered and entire communities living in fear. As candles melted in remembrance, both men declined to be photographed, wary of lingering dangers. "A thorn was removed from my heart because, somehow, our fight is starting to bear fruit," Ejorcadas told The STAR, reflecting a sentiment shared by many survivors who have long stayed silent out of fear.
Their stories are harrowing. Ejorcadas’ brother Jomel was shot twice in the head in August 2016, accused of being a drug pusher. The violence was swift and merciless. "They didn’t let my brother have a chance to live," he said. Jomel’s young child and pregnant wife were left to pick up the pieces. For Pepito, the horror was equally personal: his father and uncle were killed by police searching for a "Marlon"—no last name given—during a raid in January 2017. Pepito’s father, he admitted, used illegal drugs to survive night shifts, but "he was not a pusher and didn’t deserve to die." The trauma lingers: Pepito’s brother is still gripped by fear at the sight of police or armed men, a legacy of terror that outlasts the headlines.
For years, silence enveloped these families. "We didn’t know who our ally was at the time," Ejorcadas recalled. The risks of speaking out were simply too high. Support came quietly, often from the church—like Redemptorist brother Ciriaco Santiago III, who provided work and comfort to bereaved families, and Fr. Flavie Villanueva, whose psycho-spiritual interventions through Program Paghilom earned him the Ramon Magsaysay Award. But even this support drew suspicion from neighbors, some of whom accused the priests of "protecting drug pushers." Over time, though, survivors like Ejorcadas and Pepito found their voices. "Now, we’re used to whatever people say because we know we have the receipts for why we’re fighting back," Ejorcadas said. Their hope is clear: "We pray that Duterte won’t die. At least, when he’s convicted, he’ll pay the price for what he did to our families."
As these personal stories unfold in Manila, legal battles are raging in The Hague. On October 31, 2025, the ICC’s Office of the Prosecutor (OTP) filed a public redacted response, firmly rejecting Duterte’s latest appeal for interim release. According to The Manila Times, prosecutors argued that the Pre-Trial Chamber had correctly applied Article 58(1)(b) of the Rome Statute, which allows for detention if there is a possibility—rather than certainty—that the accused could abscond or obstruct justice. The prosecution emphasized that continued custody is warranted when it "appears necessary" to protect the proceedings and ensure the accused’s appearance at trial, a standard consistently upheld in ICC jurisprudence.
Duterte’s defense, led by lawyer Nicholas Kaufman, submitted an appeal on October 28, 2025, accusing ICC judges of relying on "hypothetical and non-specific risks" and "uncorroborated reports" from what they described as biased sources, including open-source media articles and statements from non-government organizations. Kaufman argued that the Pre-Trial Chamber’s assessment was guided by "possibility alone" and that it "allowed speculation to supplant reason." But the prosecution countered that there is "no impediment to the use of newspaper articles or other public sources, nor any requirement that they be corroborated," referencing previous ICC rulings that have accepted such materials even if they contain hearsay.
Crucially, the prosecution cited Duterte’s enduring political influence, popularity, and close ties to powerful Philippine officials—including his daughter, Vice President Sara Duterte—as evidence that he poses both a flight risk and a potential threat to witnesses or the proceedings. They pointed to his family’s continued public criticism of the ICC and his reelection as Davao City mayor before his arrest as further proof of his ability to sway events in the Philippines. The defense, however, maintained that the Pre-Trial Chamber "provided no reasoning as to why the vice president of a sovereign nation would risk breaking the law to assist her father’s flight."
Another point of contention is Duterte’s health. His lawyers presented medical findings showing cognitive impairments, disorientation, and recurring hospitalizations while in ICC custody, arguing that these conditions "negate the risks" cited by the judges and should be treated as humanitarian grounds for release. The defense also criticized the court for "summarily dismissing" proposed release conditions and security guarantees from a cooperating state willing to host Duterte under surveillance. They claimed this stance "renders interim release at the International Criminal Court illusory."
The prosecution was unswayed. In a 20-page submission, ICC deputy prosecutor Mame Mandiaye Niang argued that Duterte’s appeal "failed to establish any legal or factual error and should be dismissed," as reported by The Philippine STAR. Niang specifically addressed the humanitarian claims, stating, "The defense’s argument that the Chamber failed to consider Mr. Duterte’s medical condition as a factor mitigating the risks... is plainly incorrect." He added, "The Chamber further reasoned that in any event, compelling humanitarian grounds had not been established by the defense in this case. The Chamber ruled that the defense had not substantiated how detention is so detrimental to Mr. Duterte’s mental and physical health that it justifies his release."
For now, Duterte remains under medical supervision at the ICC Detention Center in The Hague, awaiting the Appeals Chamber’s decision on his interim release request. Meanwhile, survivors and advocates in the Philippines watch closely, their hopes tempered by years of disappointment but buoyed by a sense that, finally, accountability may be on the horizon. As candles burn low at the Dambana ng Paghilom, the struggle for justice continues—one memory, one prayer, and one legal battle at a time.