Case Digest (G.R. No. 148571)
Facts:
Government of the United States of America, represented by the Philippine Department of Justice v. Hon. Guillermo G. Purganan, Morales, and Presiding Judge, Regional Trial Court of Manila, Branch 42; and Mark B. Jimenez a.k.a. Mario Batacan Crespo, G.R. No. 148571, September 24, 2002, the Supreme Court En Banc, Panganiban, J., writing for the Court.The petitioner is the Government of the United States of America, through the Philippine Department of Justice (DOJ); the respondents include Hon. Guillermo G. Purganan, presiding judge of RTC Manila, Branch 42 (the public respondent), and Mark B. Jimenez (private respondent), the person the US sought to extradite. The DOJ filed a petition for certiorari under Rule 65 seeking to annul two RTC orders of May 23, 2001 and July 3, 2001: the first set a hearing on the issuance of a warrant for Jimenez’s arrest; the second directed issuance of a warrant but granted bail (P1,000,000) and provisional liberty after bond posting.
The extradition request originated from Note Verbale No. 0522 (June 16, 1999) and supporting authenticated documents from the US under the RP–US Extradition Treaty and was transmitted by DFA to the Secretary of Justice under PD No. 1069. Jimenez earlier obtained a TRO from RTC Branch 25 restraining DOJ from filing an extradition petition; that TRO was litigated in Secretary of Justice v. Lantion (G.R. No. 139465) — this Court first dismissed the SOJ petition, then on reconsideration (October 17, 2000) reversed and held that a potential extraditee had no right to notice and hearing during the evaluation stage.
After the Lantion resolution became final, the US (through the DOJ) filed the Extradition Petition in RTC Branch 42 on May 18, 2001 (docketed Extradition Case No. 01192061) alleging an April 15, 1999 US arrest warrant and indictments for several federal offenses. The RTC received Jimenez’s Urgent Manifestation/Ex-Parte Motion requesting that any application for a warrant be set for hearing; on May 23, 2001 the RTC set the issuance of a warrant for hearing (the order now challenged). Following memoranda and hearings, the RTC on July 3, 2001 found probable cause, ordered a warrant, but granted bail (P1,000,000 cash) and directed surrender of Jimenez’s passport and inclusion on the Bureau of Immigration hold-departure list; Jimenez posted the bond and was temporarily released.
The petitioner sought immediate relief to (a) annul the May 23 order that set a hearing bef...(Pro-only)
Issues:
- Was the petition for certiorari premature for failure to file a motion for reconsideration in the RTC and for not bringing the matter first to the Court of Appeals?
- Is a potential extraditee entitled to notice and a pre-arrest hearing before a warrant for arrest may be issued under Sec. 6, PD No. 1069?
- Is a potential extraditee entitled to bail and provisional liberty while extradition proceedings are pending (i.e.,...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)