In his sworn statement dated February 26, 2026, Tesiorna said he personally recorded the video on December 19, 2013 during a media presentation of the newly installed CCTV system of Davao City’s Central 911. He asserted ownership of the video and said he never authorized its showing or worldwide broadcast for any purpose.
Tesiorna claimed that during the ICC proceedings on February 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 the addition of subtitles constituted unauthorized and illegal tampering, and that the presentation misrepresented the context of the footage.
According to the affidavit, the video was not intended to depict a real-time killing, extrajudicial killing (EJK), or crimes against humanity. Tesiorna said the footage was shown solely to demonstrate the technical capability of the CCTV system, comparable at the time to systems used in other major cities, and that no crime occurred simultaneously with the playback.
He further stated that neither he nor other journalists present reacted by reporting any crime to the police during the 2013 presentation, which he said supports his claim that the footage was not a live incident. Tesiorna added that the police could confirm no killing occurred at the specified location on December 19, 2013, noting that a separate Agdao incident earlier that month had already been investigated by authorities.
Tesiorna also denied any coordination or cooperation with the ICC prosecution, saying he was never contacted by ICC investigators prior to the video’s presentation. He said the broadcast has put him and his family at risk and damaged his reputation by creating the impression that he collaborated with the prosecution.
In his affidavit, Tesiorna asked the ICC Pre-Trial Chamber to order the removal of the video from court records and for the prosecutor to issue an apology for what he described as misrepresentation. He also demanded a public apology from the prosecutor before the end of the confirmation of charges proceedings, warning that failure to do so could prompt legal action, including claims related to cyberlibel, damages, and copyright infringement.
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