SMC raises P49 billion from preferred shares

Food-to-infrastructure giant San Miguel Corp. (SMC) has listed close to P49 billion worth of preferred shares at the Philippine Stock Exchange (PSE), the first-ever preferred share exchange offer by a private company alongside a public offer in the country.

SMC’s P18.86-billion exchange covered its Series 2-P, 2-Q and 2-R preferred shares, allowing holders of its Series 2-J and 2-K shares to swap their investments.

The switch, however, was done on a one-for-one basis, instead of waiting for redemption in the future.

SMC said the exchange provides investors with greater flexibility and liquidity. It also introduces another innovation in a capital market that is traditionally limited to straightforward redemptions.

A total of 251.47 million shares were tendered during the exchange, composed of 173.76 million Series 2-J and 77.71 million Series 2-K shares. SMC still has 92.91 million Series 2-J and 106.19 million Series 2-K shares for redemption on Oct. 29 and Dec. 10, respectively.

Likewise, SMC launched a public offer of preferred shares worth P30 billion, made up of Series 2-S, 2-T and 2-U.

The offer is divided into P20 billion in base offer and P10 billion in oversubscription option, of which shares are priced at P75 a piece and which was fully subscribed.

SMC said the twin offer forms part of the conglomerate’s strategy to prepare its capital structure for long-term growth.

SMC said it wants to give investors more platforms wherein they can participate in its growth. SMC is one of the country’s largest conglomerates, with investments in industries considered critical to national development.

SMC will use the proceeds from the twin offer to refinance its short-term loans. It will also spend part of the gains for big-ticket projects, including the upgrade of the Ninoy Aquino International Airport (NAIA) and the construction of the New Manila International Airport (NMIA).

SMC’s project book is piled with capital-intensive projects like the P735.63-billion undertaking to put up the country’s largest airport, the NMIA, and the P170.6-billion rehabilitation of NAIA.

SMC handles some of the country’s biggest tollways such as the Subic-Clark-Tarlac Expressway and Skyway System, and is also engaged in food production and power generation, among others.

EDITORIAL – Unnecessary for now

According to a report in this newspaper, Cebu 5th District Rep. Vincent Franco ‘Duke’ Frasco renewed his proposal for the construction of a secondary airport in Cebu, preferably in Sogod town, saying the recent earthquake exposed the province’s vulnerability and need for an alternative gateway aside from the Mactan-Cebu International Airport (MCIA).

Frasco said a second airport in northern Cebu wouldn’t only serve as a crucial backup to MCIA during emergencies but also spark growth and investment in northern Cebu.

‘Hopefully, once it materializes, it will not only mitigate risks if something happens to our existing airport but also open up the economy in northern Cebu, providing new opportunities for our people in Sogod and even in the 4th District,’ he said.

Cebu Governor Pamela Baricuatro has called the idea ridiculous.

‘Naa pa gani wa nabayran diha sa airport sa Camotes, unya maghimo nasad siya sa Sogod. Ridiculous,’ she said, referring to the unresolved payment issues involving the Camotes Airport project.

We wouldn’t go as far as the governor to call the idea of a second airport ridiculous, rather we would label it as unnecessary, at least for now.

A second airport would be a good idea, but only if foot and air traffic at the MCIA has reached the point where the airport can no longer handle it.

In Metro Manila the need for more than one airport came after air traffic became congested. Planes that just landed at the airport sometimes had to wait up to 30 minutes on the tarmac or even longer before a gate could be assigned to them. The need for more airports also came after the number of passengers could no longer be handled in one airport, or because the facilities of an airport kept breaking down. We don’t see any of these happening at MCIA right now.

Building a second airport just because places like New York, London, and Tokyo have them isn’t really enough of a reason. These are world-class tourism and business hubs, after all. While Cebu can boast of being a business hub and favored tourist destination in its own right, we really aren’t up to their level just yet.

Perhaps the day might come when Cebu will need a second airport, but that day hasn’t yet come.

More sexual abuse raps filed vs PNPA exec

Two more cadets of the Philippine National Police Academy in Silang, Cavite have filed complaints of sexual abuse against a PNPA official who was arrested in July for a similar offense.

The complainants said the suspect, a police major and tactical officer at the PNPA, brought them to his quarters where the abuse happened.

They said the abuses also occurred in July.

PNPA chief Brig. Gen. Andre Dizon said one of the complainants is facing dismissal for violating the honor code while the other has academic problems.

‘The suspect offered to help cadets with problems in their schooling. By doing so, he was able to earn their trust, which led to abuses,’ Dizon said.

Archers get even at Tigers for third straight win

La Salle exacted vengeance on University Santo Tomas, 86-77, to string its third straight win and barge inside the Top 4 for the first time in the UAAP Season 88 men’s basketball tournament on Saturday at the Mall of Asia Arena.

The Green Archers rained it down on the Growling Tigers right out of the gates, racing to a 20-point lead before banking on last stand to avenge a 93-84 defeat in the first round and improve to 5-3.

La Salle, stuck outside the Final Four midway through the first round at 2-3 following the MCL injuries of Mason Amos and Kean Baclaan, thus forged a three-way logjam with their latest victims and title holder UP at second place.

JC Macalalag took his turn in stepping up big time, firing 18 points as the undermanned Green Archers moved to within striking distance of leader National University (6-2) in the suddenly tightrope race to the Top 2 plus a win-once bonus in the Final Four.

Jacob Cortez had 12 while Earl Abadam and Vhoris Marasigan, who starred in their morale-boosting 72-69 win over the Fighting Maroons to end the first round, scored 10 points each.

Team captain Mike Phillips settled for just six points but hauled down 13 rebounds and dished out six assists plus a steal and a block to steady the ship for the wards of coach Topex Robinson in their title redemption bid.

La Salle built a 48-28 separation on Phillips’ freebies late in the second quarter and not even UST’s uprising in the payoff period to as close as to so 79-73 after Collins Akowe’s bucket in the final minute proved enough.

Akowe, who feasted on the Green Archers with 20 points and 19 rebounds in their first-round encounter, was steady with 20 points and 14 rebounds but to no avail.

Gelo Crisostomo (15), Mark Llemit (13) and Nic Cabañero (12) also had their efforts wasted in the Growling Tigers’ second straight loss.

Earlier, Adamson dodged an upset ax from the winless and head coach-less University of the East, 56-53, to knock on the Final Four at 5-5 for a joint fifth-place with the skidding Ateneo.

Cedrick Manzano led the way with a double-double of 11 points and 10 rebounds for Adamson as UE (0-8) stayed winless in the second game without mentor Chris Gavina and ace guard Wello Lingolingo due to suspension for four and three games, respectively.

‘We should be happy kung nasaan kami, only because hindi pa kami patay. Buhay pa and our head is above water, ‘yon lang naman yung gusto mo ‘eh na you just want to have a chance to move forward. Today was not that nice, buti na lang nakakuha kami ng panalo,’ said Soaring Falcons mentor Nash Racela.

In women’s basketball, Cheska Apag (16) and Elaine Etang (12) connived as Adamson Adamson (3-5) smothered UE (0-8), 75-49.

The scores:

First Game

AdU 56 – Manzano 11, Anabo 8, Fransman 7, Erolon 7, Torres 5, Medina 5, A. Ronzone 3, Ojarikre 3, Cañete 3, Montebon 2, Demisana 2, C. Ronzone 0, Perez 0, Jaymalin 0, Barcelona 0, Tumaneng 0.

UE 53 – Abate 16, Momowei 15, Caoile 6, Lagat 6, Robles 4, Despi 2, Tañedo 2, Cabero 2, Rosete 0, Datumalim 0, Mulingtapang 0, Cruz-Dumont 0.

Quarterscores: 21-17, 36-28, 47-43, 56-53

Second Game

La Salle 86 – Macalalag 18, Cortez 12, Marasigan 10, Abadam 10, Daep 8, Gollena 8, Phillips 6, Dungo 5, Quines 5, Pablo 4, Nwankwo 0.

UST 77 – Akowe 20, Crisostomo 15, Llemit 13, Cabañero 12, Danting 5, Acido 4, Paranada 3, Padrigao 3, Calum 2, Buenaflor 0, Estacio 0.

Quarterscores: 24-17, 52-36, 64-51, 86-77

Twice’s docu ‘One in a Mill10n’ is a career lap

TWICE is an anomaly in the K-pop world, having remained active for ten years with all of its original members intact. It’s a rare feat for a girl group, especially since their success has continued to grow globally, from headlining music festivals to expanding their fanbase.

I became a ONCE at the right time during the pandemic, when the group began moving away from their cute concepts toward mature ones that still maintained the wholesome, upbeat image that has largely defined their appeal.

To celebrate their 10th anniversary, the nine-member group – Nayeon, Jeongyeon, Momo, Sana, Jihyo, Mina, Dahyun, Chaeyoung, and Tzuyu – released their documentary ‘ONE IN A MILL10N’ in theaters on October 20, exactly ten years after their debut.

It revisits TWICE’s journey from their debut to the present, delving into the members’ individual stories and struggles as they continue to shape their artistry within and beyond the group.

For context, TWICE was formed through the reality survival series ‘SIXTEEN,’ where 16 trainees from JYP Entertainment competed to become the agency’s next girl group after Wonder Girls and Miss A. The lineup was initially set at seven members, but two more were added: Tzuyu through public vote, and Momo through the decision of JYP founder Park Jin-young, after she was previously eliminated.

While TWICE had a strong debut with ‘Like OOH-AHH,’ it was hits like ‘CHEER UP’ and ‘TT’ that made them household names. They continued their streak with bubblegum pop tracks such as ‘KNOCK KNOCK,’ ‘SIGNAL,’ ‘LIKEY,’ ‘What Is Love?’, ‘Dance the Night Away’ and ‘YES or YES’ – all met with similar success.

In 2019, the group began shifting to a grown-up image while retaining their trademark TWICE aesthetic with ‘FANCY’ and ‘Feel Special,’ showcasing their evolution and ability to adapt to new styles, evident in darker concepts like ‘CAN’T STOP ME’ and hip-hop-driven tracks like ‘This is For.’

Around this time, they signed with Universal Music Group’s Republic Records for global distribution, expanding their reach beyond Asia, where they had already established a stronghold, including in the Philippines, as shown by their three sold-out tour stops: one in SM Mall of Asia Arena and two at the Philippine Arena.

The documentary largely focuses on TWICE’s success in the West, including the release of their first English hit ‘The Feels,’ appearances on U.S. talk shows, headlining Lollapalooza Chicago 2025, selling out the 70,000-capacity SoFi Stadium in California, and collaborating with artists like Megan Thee Stallion for ‘Stragedy.’ It also highlights their feature in Netflix’s hit animated film ‘K-Pop Demon Hunters,’ in which Jeongyeon, Jihyo, and Chaeyoung perform their own version of ‘Takedown.’

The docu also explores their enduring popularity in Japan, where Japanese members Momo, Sana, and Mina formed the subgroup MiSaMo. It further examines the members’ solo endeavors after years of being promoted exclusively as a nine-member unit.

As much as I love TWICE, I was initially apprehensive that the documentary might come off as a mere recap or a puff piece. After all, I’ve followed their career closely through countless YouTube videos and show appearances. Thankfully, ‘ONE IN A MILL10N’ offers enough depth and insight into the members’ perspectives to make the ticket price worth it.

One of the topics tackled is the so-called seven-year curse. Any K-pop fan knows this is often a make-or-break moment for idol groups, as it marks the expiration of their original contracts when members must decide whether to renew or part ways.

The members candidly discussed how their seventh year was a turbulent time, with leader Jihyo serving as the intermediary between the group and the agency to determine their future.

The docu also discusses the temporary hiatus of Mina and Jeongyeon, who stepped away at different times due to anxiety, with Jeongyeon also recovering from a neck injury. Despite these challenges, the reason the group stayed together lies in the sisterhood they’ve built over the years – one so strong that a decade doesn’t feel long to them at all.

What the documentary manages to pull off beautifully is giving each member fair screen time to tell her own story and showcase her endeavors beyond the group. This is impressive, as across its two-hour runtime, it intersperses concert footage, interviews with industry figures and international ONCEs, and heartfelt moments that highlight each member’s shine.

It’s hard to say whether ‘ONE IN A MILL10N’ will convert non-fans into ONCEs, but as a fan myself, I’d say it’s nearly impossible not to be impressed by TWICE’s hard work and undeniable charm. ONCEs, on the other hand, will leave the theater satisfied with a documentary that perfectly encapsulates the legacy of one of K-pop’s most successful girl groups – going strong at ten, and still growing. Four stars out of five.

Citicore bags $55 million loan from Singapore fund

Saavedra-led Citicore Renewable Energy Corp. (CREC) has secured $55 million in financing from Singapore-based Pentagreen Capital to accelerate the rollout of its solar and battery storage projects across the country.

The loan, facilitated under Singapore’s Financing Asia’s Transition Partnership (FAST-P) initiative, will support CREC’s deployment of up to 2,000 megawatts of solar power and 760 MW-hours of storage capacity.

In particular, the deal will initially finance eight solar farms totaling 610 MW?peak across Pangasinan, Pampanga, Batangas and Negros Occidental, with three sites incorporating a battery energy storage system (BESS).

‘In 2023, Pentagreen trusted our ability to scale toward our ambitious renewable energy goals. With our first one gigawatt nearing completion and preparation for our next GW, Pentagreen remains an integral partner to Citicore,’ CREC president and CEO Oliver Tan said.

‘Their continued vote of confidence and support for our undertakings through this agreement will help us further accelerate our renewable energy developments, bringing clean, sustainable and more affordable electricity for the country,’ Tan added.

With this new funding, CREC expects to deliver an additional 914 GW-hours of clean energy to the country’s power grid, enough to power 240,000 homes annually while displacing around 630,000 tons of carbon emissions.

‘Pentagreen Capital, with support of our partners in connection with Singapore’s FAST-P initiative, stands ready to support Citicore and its innovative approach to accelerating the region’s transition toward stable and reliable renewable energy sources,’ Pentagreen CEO Marat Zapparov said.

DMark redefines beauty and beyond

It was an evening of elegance and innovation as global beauty expert, DMark Beauty Corporation, under the leadership of its awe-inspiring CEO ‘beautypreneur’ Nikki Tang, hosted ‘Esplendor: The DMark Beauty Awards 2025’ at the Rigodon Ballroom of The Peninsula Manila in Makati City.

Attended by the country’s leading dermatologists and aesthetic pioneers, the gala celebrated excellence and collaboration in skin health and beauty innovation. From the Premio a la Innovación to the Premio de Excelencia, each recognition honored the visionaries shaping the future of dermatology.

In partnership with Cantabria Labs and its six pioneering ranges – Heliocare, Endocare, Neoretin, Iraltone, Biretix, and Skin Resist – DMark Beauty reaffirmed its commitment to redefining beauty, wellness, and beyond.

Where elegance meets flavor

The distinguished Inner Wheel Club of Manila (IWCM), the oldest of its kind in the Philippines and in Asia, marked its 77th induction and turnover ceremonies with much elegance and camaraderie.

Held at Manila House Private Club in Bonifacio Global City, Taguig City, the event installed award-winning fashion designer, image consultant, and author Delby Bragais as the president for 2025-2026, with the gracious turnover led by IWCM past president and Rotary Club District 3830 past district governor Dr. Mildred Vitangcol.

In her heartfelt acceptance speech, Delby highlighted her three-pronged focus on meaningful community service, strong branding initiatives, and sustainable legacy programs, ensuring that the club’s timeless commitment to ‘Service to Humanity’ continues to thrive.

Truly, this well-respected organization remains a proud home to women of substance, style, and service, who dedicate their time, treasure, and talent to uplifting lives, especially those of women and children.

The youth in action

Serving as a judge at a film festival in Liloan was a significant experience. The festival was organized and participated in by diverse youth groups. This opportunity provided valuable insights into theircreative work. It offered a unique perspective on community engagement. The experience highlighted the importance of supporting youth arts.

This festival showcased young filmmakers who captured their authentic experiences through film. Their voices and stories demonstrated how openly they express themselves on screen. Their artistic backgrounds were put into action, translating creativity into compelling films. The event highlighted the impact of youth-led storytelling on the community. It underscored how personal experiences can drive meaningful artistic work.

There were 13 films that participated in the filmmaking competition and the youth from barangay Jubay emerged as the winner, best film, and best director for their film ‘Kinsa Siya”. Judging was done last October 14 and the awarding on October 18.

The Liloan Film Festival was launched by the SK Municipality of Liloan and received full support from Mayor Aljew Jordan Frasco, Vice Mayor Margo Frasco, the town councilors, and Liloan SK President Raymud Kit Comendador.

The youth have showcased not only their talents in acting, storytelling, and technical skills but also the beautiful, picturesque mountain barangays and communities of Liloan. This combination highlighted their creative abilities alongside the municipality’s stunning landscapes. The festival thus celebrated both artistic excellence and the unique scenery that inspires it. It offered audiences a holistic view of Liloan’s culture and environment. The experience underscored how place and people come together to drive compelling storytelling.

The youth are eager to express their emotions across various platforms, and filmmaking is one avenue they use to immortalize their artistic works. This medium allows them to capture and share their authentic voices with a wider audience. Through films, they translate feelings into visuals, narratives, and sound that resonate beyond the moment. Their commitment to storytelling reflects a broader ambition to contribute to their community and culture. Filmmaking thus stands as a powerful outlet for youth creativity and expression.

With the support of local executives, I am confident that the young people will continue honing their filmmaking talents and will soon become notable names in the film industry. Their backing provides a solid foundation for growth and experimentation. As they refine their craft, their work is poised to make a lasting impact on our community and beyond. This collaborative effort strengthens the path for youth-led storytelling. I look forward to seeing how these emerging filmmakers shape the future of cinema.

I hope more local governments will include this initiative in their annual calendars, recognizing the passion of young people for filmmaking. When youth see sustained support, more potential filmmakers can consider this powerful avenue for capturing meaningful human experiences. Integrating film projects into public agendas can also broaden community engagement and inspire others to explore their creative talents. This ongoing commitment helps cultivate a vibrant local arts scene and future industry contributors. I am optimistic about the positive impact this can have on both individuals and the community.

Mabuhi ang mga kabatan-onan sa Liloan! Padayon sa pagmugna og mga mabulukong lilas Binisaya!

6th ID’s mission feats showcased during its 38th founding anniversary

Officials highlighted the 38th founding anniversary of the Army’s 6th Infantry Division on Thursday, October 24, with the display of 1,421 assorted combat weapons, some turned in voluntarily by owners, while others were seized in anti-terror operations in Central Mindanao over the past 24 months.

Lt. Gen. Antonio Nafarrete, commander of the Philippine Army, and the chief of the Western Mindanao Command, Major Gen. Donald Gumiran, who is overseeing the 6th ID in a concurrent capacity, presented the cache to local officials and reporters on Thursday as one of the highlights of the division’s 38th anniversary celebration.

The 6th ID has units in the provinces of Maguindanao del Sur, Maguindanao del Norte, Cotabato, Sultan Kudarat, South Cotabato and Sarangani, as well as in the cities of Cotabato, Tacurong, Koronadal and General Santos.

‘We are thankful to the sectors that helped us collect these firearms through community peace initiatives. Some of these were confiscated during tactical engagements, law-enforcement style, in far-flung areas,’ Gumiran told reporters and guests at Camp Siongco in Barangay Awang, Datu Odin Sinsuat, Maguindanao del Norte, where the 6th ID’s headquarters is located.

Many of the M16, M14, M1 Garand, M1 and M2 Carbine rifles, .30- and .50-caliber machine guns, M60 machine guns, pistols of various calibers, B40 anti-tank, and 40-millimeter grenade launchers displayed at Camp Siongco were turned over to its units by members of the now-weakened Dawlah Islamiya and Bangsamoro Islamic Freedom Fighters who have returned to the fold of law in recent months.

The erstwhile Dawlah Islamiya and BIFF members who have pledged allegiance to the government have been reintegrated into mainstream society through the joint humanitarian programs of the 6th ID, local government units in Central Mindanao, the Bangsamoro regional government, and the offices of the Social Welfare and Labor and Employment Departments in Region 12.

Officials of the 6th ID and Presidential Adviser on Peace, Reconciliation and Unity Carlito Galvez Jr. are implementing in Central Mindanao the Small Arms and Light Weapons Management Program, a disarmament campaign complementing Malacañang’s peace process in Mindanao’s predominantly Moro areas.

Nafarrete, Gumiran, Galvez, and Bangsamoro Chief Minister Abdulrauf Macacua also awarded, as part of the 6th ID anniversary activities, special citations to certain members of the Joint Peace and Security Team (JPST) for exemplary accomplishments. The JPST helps local government units maintain law and order in areas with state-recognized enclaves of the Moro Islamic Liberation Front.

The JPST is composed of representatives from the Philippine National Police, members of the Army and other branches of the Armed Forces, and former MILF guerrillas. The MILF has two compacts with the national government: the 2012 Framework Agreement on Bangsamoro and the 2014 Comprehensive Agreement on Bangsamoro.

Both peace agreements paved the way for the replacement in 2019 of the then 27-year Autonomous Region in Muslim Mindanao with the more politically and administratively empowered Bangsamoro Autonomous Region in Muslim Mindanao, whose regional government is managed jointly by representatives from the MILF and the Moro National Liberation Front.

The MNLF has a separate truce with Malacañang, forged on September 2, 1996, in Jakarta, Indonesia.

Since its inception four years ago, the JPST, operating in the Bangsamoro Region and Administrative Regions 9, 10, and 12, along with local executives and peace advocacy groups supporting the government-MILF peace initiatives, has settled more than 50 deadly Moro clan wars and secured the surrender of more than 50 individuals wanted for high-profile cases pending in various courts.

‘This peacekeeping team shows the oneness, in its truest form, of the Armed Forces of the Philippines, the Philippine National Police, and the Moro Islamic Liberation Front in addressing security challenges and resolving peace and security problems in areas covered by the Mindanao peace process,’ Galvez told reporters after Thursday’s awarding ceremony at the 6th ID’s gymnasium inside Camp Siongco.

He said OPAPRU is thankful to Macacua, the highest official in the Bangsamoro regional government and chief of the MILF’s Bangsamoro Islamic Armed Forces, and members of their 80-seat parliament for cooperating in regional peacebuilding activities parallel with Malacañang Mindanao’s peace initiatives.

ICC affirms jurisdiction over Duterte case

The International Criminal Court has cleared a key hurdle in the ongoing proceedings against detained former president Rodrigo Duterte, with the Pre-Trial Chamber I saying the ICC retains jurisdiction over the crimes against humanity case.

In a 32-page decision released on Thursday, the Chamber unanimously decided that the international tribunal has jurisdiction over the alleged crimes committed in the Philippines from Nov. 1, 2011 to March 17, 2019.

It rejected the challenge to jurisdiction filed by Duterte’s lawyers, who claimed that the ‘preconditions for the exercise of jurisdiction’ were not met when the chamber authorized the opening of the investigation in 2021.

At the time, the Philippines had already withdrawn from the Rome Statute, the treaty that established the ICC.

‘The Republic of the Philippines was no longer a State Party to the Rome Statute at that critical point in time,’ the defense said in its challenge to jurisdiction filed in May.

But in their decision, Judges Iulia Antoanella Motoc, Reine Adelaide Sophie Alapini-Gansou and Maria del Socorro Flores Liera ruled that the case was already ‘under consideration’ by the ICC prosecutor even before the country’s withdrawal took effect in 2019.

In February 2018, then ICC prosecutor Fatou Bensouda announced that her office would initiate a preliminary examination into the situation in the Philippines, particularly on killings related to the Duterte administration’s war against illegal drugs.

This prompted then president Duterte to announce the country’s withdrawal from the ICC, which took effect a year later.

For the Pre-Trial Chamber I, this move of the prosecutor already satisfied the preconditions set in the Rome Statute, which stated that a country’s withdrawal shall not ‘prejudice in any way the continued consideration of any matter which was already under consideration by the Court prior to the date on which the withdrawal became effective.’

‘Contrary to the arguments of the defense, the Chamber does not accept that the preliminary examination is too informal in nature to encompass a matter that is ‘under consideration’ by the Court,’ the ruling read.

It specifically noted a ‘direct relationship’ between Bensouda’s announcement and the decision of the Philippines to withdraw from the Rome Statute, seen as an act to ‘avoid compliance’ that the specific provision was designed to prevent.

‘The Philippines situation is an example of a matter which was already under consideration by the Court… The Chamber therefore also rejects the arguments of the defense that the preliminary examination and the decision to authorize an investigation were different matters,’ the court ruled.

‘The Chamber therefore finds that the Court can continue to consider the alleged crimes committed in the Philippines that form the subject-matter of the present case,’ it added.

Rep. Leila de Lima of ML party-list said the decision is ‘most just,’ adding that the victims of extrajudicial killings are a step closer to attaining justice and accountability.

The decision removes a major challenge to the ongoing proceedings against Duterte, although pre-trial proceedings are still suspended pending the resolution of the last issue raised by the defense: its request to adjourn the proceedings due to the alleged medical condition of the former president that supposedly renders him unfit to stand trial.

Medical experts are expected to submit their report on Duterte’s fitness to stand trial by the end of the month, after which the court is expected to decide on whether to proceed with the confirmation of charges hearings.

Defense lawyer Nicholas Kaufman said they ‘anticipated this decision and will appeal it.’

More grounds

Former chief legal counsel Salvador Panelo advised Duterte’s legal team yesterday to include other grounds in its motion for consideration: the Rome Statute was never published in the Official Gazette and lack of complementarity.

‘It would appear that the defense team limited the theory on lack of jurisdiction after the country withdrew its membership and conducted an investigation two years after, which is beyond the prescriptive period,’ Panelo said at The Agenda forum in Quezon City.

‘Remember that the sovereignty of a country is not being waived outright. In this particular case, because we entered a treaty, they said we waived it but we have the principle of complementarity. What does it mean? The ICC can only intervene if, number one, the member-state has no capability to prosecute. Number two, if it has the ability, but refuses to prosecute. The defense failed to include the two grounds,’ Panelo added.

According to Panelo, the court only conducted a preliminary investigation amid contention of the ICC that the Philippines has still an obligation after its withdrawal.

‘You never started a formal investigation. You investigated formally only two years after. The preliminary examination should not be considered a formal investigation,’ he added.