Case Digest (G.R. No. 148571)
Facts:
In Government of the United States of America v. Hon. Guillermo G. Purganan, et al. (G.R. No. 148571, September 24, 2002), the U.S. sought the extradition of Mark B. Jimenez (alias Mario Batacan Crespo) for several federal offenses in Florida. Through diplomatic channels, the U.S. transmitted authenticated notes from June 16, 1999, to the Philippine Department of Justice under the RP-US Extradition Treaty and PD 1069. Jimenez secured a TRO from the RTC, Branch 25, Manila, impeding DOJ’s petition, but this Court (GR 139465) later held that no notice or hearing was due at the treaty-evaluation stage. On May 18, 2001, DOJ filed Extradition Case No. 01192061 before RTC, Branch 42. Jimenez then moved to require a prior hearing before issuance of a warrant of arrest and, in the alternative, for bail at ₱100,000. On May 23, 2001, the trial court set a hearing on the warrant question; after submissions, on July 3, 2001 it issued the warrant and granted provisional liberty on bail of ₱1,Case Digest (G.R. No. 148571)
Facts:
Petitioner, the Government of the United States of America, represented by the Philippine Department of Justice, filed a Petition for Extradition in the Regional Trial Court of Manila, Branch 42 (docketed May 18, 2001) seeking the arrest of Mark B. Jimenez a.k.a. Mario Batacan Crespo pursuant to the RP‑US Extradition Treaty and PD No. 1069. The RTC, presided by Judge Guillermo G. Purganan, set for hearing the issuance of a warrant (Order dated May 23, 2001) after which it issued a warrant and granted bail (Order dated July 3, 2001; P1,000,000), prompting this Petition for Certiorari under Rule 65, Rules of Court to annul the hearing requirement, cancel bail, and take Jimenez into custody.Issues:
- Is a prospective extraditee entitled to notice and a hearing before a warrant for arrest may be issued?
- Is a prospective extraditee entitled to bail and provisional liberty while extradition proceedings are pending?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)