A Davao-based journalist has executed on Thursday an affidavit of denial asserting ownership of a video clip shown during the International Criminal Court (ICC) confirmation of charges proceedings against former President Rodrigo Duterte.
In a sworn statement, Ben Jason Tesiorna said he recorded the video on December 19, 2013 during a media presentation of the newly installed CCTV system of Davao City’s Central 911.
Tesiorna stated he was monitoring the ICC proceedings on February 23, 2026 when ICC Prosecutor Jufian Nicholls presented a video before the court, allegedly in connection with the case against Duterte.
He claimed the footage shown matched the video he personally recorded more than a decade ago.
“Since after recording the same video in my personal mobile phone, any and all showing or broadcast thereafter of the same video without my permission is considered illegal in any jurisdiction. The video is not public, and therefore, requires my explicit permission. I own the copyright over said video and have not authorized anybody, nor the ICC Prosecutor, to show or broadcast the same for any purpose,” Tesiorna said in his affidavit.
He further alleged that the version presented during the ICC hearing contained English subtitles that were not part of his original recording, calling them an “unauthorized and illegal tampering” of the footage.
Tesiorna also stated that he was not contacted by any ICC investigator or by the prosecutor prior to the video’s presentation in court.
He denied any association with what he described as a “tampered and/or spliced” video and said its use has “tainted” his reputation and placed him and his family in danger.
According to Tesiorna, the video was taken during a demonstration by Central 911 to showcase the capabilities of Davao City’s newly installed CCTV system.
He clarified that the footage of a killing shown during the presentation was not in real time but was a playback of a past incident intended to demonstrate the clarity and responsiveness of the surveillance system.
He emphasized that no killing occurred simultaneously with the media event and said no one in the room including Duterte, who was then Davao City mayor reacted as if a live crime was unfolding because it was merely a recorded clip used for demonstration purposes.
Tesiorna further claimed that the prosecutor misrepresented the context of the video by making it appear that Duterte failed to act on an ongoing crime.
He maintained that the footage was not about extrajudicial killings or crimes against humanity but was part of a technology showcase.
In his affidavit, Tesiorna requested the ICC Pre-Trial Chamber to direct the prosecutor to issue an apology for what he described as misrepresentation and to remove the video from the court registry or records.
He also demanded a public apology from the ICC prosecutor by February 27, 2026, warning that failure to do so would compel him to seek legal remedies, including possible actions for cyberlibel, damages, and copyright infringement.
As of posting time, there was no immediate response from the ICC prosecution regarding Tesiorna’s claims.
