ICC prosecutor’s office denies claims of ex-Marines, asserts independence

MANILA, Philippines —   The Office of the Prosecutor (OTP) of the International Criminal Court (ICC) yesterday asserted its independence following allegations of bribery during its investigation in the Philippines.

Although it did not directly respond to the allegations, the OTP said its activities are funded through the court’s budget approved by the ICC Assembly of States Parties and subject to established oversight mechanisms.

“The costs related to OTP prosecutions and investigative activities, including mission expenses, are fully covered by this budget, and managed strictly by the Office in an independent and transparent manner, and in accordance with ICC financial rules and regulations,” it said in a statement sent to the media.

“The Office of the Prosecutor of the International Criminal Court independently collects information relevant to its investigations, identifies the individuals from whom it collects witness statements and assesses the credibility, reliability and relevance of all sources of information it requests and receives,” it added.

The OTP said it examines incriminating and exonerating evidence equally, and that disclosure of information is strictly regulated by the court’s legal framework and under the control of independent judges.

“As a matter of policy, the Office does not comment on operational matters with respect to ongoing investigations and prosecutions. This is essential to protect the integrity of investigations and operations, to ensure the safety and security of victims, witnesses, and all those with whom the Office interacts, as well as its staff,” the OTP said.

“The sources of evidence including names of staff and names of witnesses or institutions/organizations the Office interacts with during its investigations are subject to confidentiality,” it added.

Citing claims made by former Marines, lawyer Levito Baligod this week alleged that ICC investigators received assistance in terms of accommodations and food paid for by former senator Antonio Trillanes IV and resigned congressman Zaldy Co. He has yet to produce evidence to back his claim.

There were also claims that ICC investigators received bribes, although Baligod later clarified that there was no “categorical statement” that the investigators received any money from Co or Trillanes.

Trillanes denied the allegation and vowed to pursue charges against Baligod and the former soldiers.

Affidavits filed

Baligod filed before the Office of the Ombudsman yesterday the “referral of signed and notarized affidavits” from the 18 former soldiers who allegedly delivered suitcases of cash to government officials to supposedly facilitate the ICC probe on former president Rodrigo Duterte.

Among the personalities named by Baligod were Mamamayang Liberal Party-list Rep. Leila de Lima and Ombudsman Jesus Crispin Remulla.

Baligod said seven senators, 26 lawmakers, and officials of the Bureau of Corrections (BuCor), Department of Agriculture, Department of Environment and Natural Resources might have, in one way or another, received the cash-stuffed baggage.

He noted the money – which was delivered three to four times a week in around 20 suitcases – came not only from anomalous flood control projects, but also from funding for “ghost” projects for reforestation and irrigation.

It would be up to the ombudsman to find probable cause to file charges for violation of Republic Acts 3019 and 6713 – particularly graft and receiving gifts by public officials – against the officials named in the affidavits of the 18 former soldiers, mostly from the Marines except for two from the Philippine Army, Baligod added.

In a radio interview with Ted Failon and DJ Chacha on 105.9 True FM, Baligod clarified De Lima should not have been included in the list of lawmakers that received the cash deliveries.

He recognized that De Lima was elected as party-list representative in 2025, two years before the alleged deliveries.

Asked if De Lima was indeed included in the list of lawmakers, Baligod said: “Could be an error on my part… It could be an oversight for me that she was included in the Congress members. That created the impression that she received suitcases.”

However, during the same radio interview, Baligod maintained the former soldiers that delivered the suitcases of cash saw De Lima joining meetings related to the ICC investigations, noting that she went out of the meeting with a paper bag that contained money.

“Could be an error on my part but the soldiers said Cong. Leila de Lima was seen going to the townhouse and left with a paper bag containing money. They said they are familiar with the paper bag because they are the ones who bought it and delivered it,” Baligod explained.

Asked to clarify his statement on De Lima’s inclusion, Baligod said: “When the affidavit was being made, based on their statements, they mentioned Congressman De Lima, one by one. I think 10 times, they reviewed it and every week I refer to them and give them the draft.”

He then went on to say that the soldiers claimed they saw De Lima indeed joined meetings at the Polo Club townhouse in Forbes Park.

“Congressman Leila de Lima was one of those they saw, based on eyewitness that received a paper bag containing money not less than P5 million,” Baligod insisted.

In response, De Lima said Baligod’s recent remark is invented.

“Whether it is suitcase or anything, it is clear that these are invented. Their stories have been blurred and entangled because of obvious lies and intrigue against me. Baligod is playing fast and loose with his license to practice law,” De Lima said.

Something fishy

There is something “fishy” about the cash delivery and bribery allegations made by 18 men who claimed to be former Marines, Malacañang said yesterday, as it claimed that an “operator” identified with the Arroyo administration is trying to “muddle the issues.”

For his part, National Se- curity Adviser Eduardo Año has ordered an investigation into the claims of the 18 men, which he suspects could be part of efforts to destabilize the government. – Michael Punongbayan, Jose Rodel Clapano, Ghio Ong, Alexis Romero, EJ Macababbad