QuestionsQuestions (PRESIDENTIAL DECREE NO. 1069)
Its short title is the “Philippine Extradition Law.” It prescribes the procedure for the extradition of persons who committed crimes in a foreign country, and guides the executive and the courts in implementing the Philippines’ extradition treaties.
Extradition is the removal of an accused from the Philippines to place him at the disposal of foreign authorities to enable the requesting state to hold him for criminal investigation or to execute a penalty imposed under the requesting state’s penal law.
Extradition may be granted only pursuant to a treaty or convention and with a view to either (1) a criminal investigation for an offense punishable under both states’ laws, or (2) the execution of a prison sentence imposed by a court of the requesting state for an offense committed there.
A foreign state/government with an extradition treaty/convention in force may request for extradition. The request is made by the Foreign Diplomat of the requesting state and addressed to the Secretary of Foreign Affairs.
The request must include: (a) the original or authentic copy of either the decision/sentence or the criminal charge and warrant of arrest (or equivalent legal instruments); (b) a recital of the acts with fullest particulars (identity, whereabouts if known, acts/omissions, time and place); (c) the text or statement of contents of applicable law and designation/description of the offense; and (d) such other documents or information in support.
Unless it appears that the request fails to meet the requirements of the law and the relevant treaty/convention, the Secretary of Foreign Affairs forwards the request and documents to the Secretary of Justice, who immediately designates and authorizes an attorney to take charge.
An attorney designated by the Secretary of Justice files a written petition with the proper Court of First Instance (now replaced by appropriate RTC jurisdiction under later procedural rules) praying that the court take the request under consideration, attaching all related documents.
The Court of First Instance (CFI) where the petition is filed has and continues to have exclusive power to hear and decide the case regardless of the accused’s subsequent whereabouts or changes of residence.
The presiding judge shall appoint a law practitioner residing within the court’s territorial jurisdiction as counsel de oficio to assist the accused in the hearing.
It is public unless the accused requests, with leave of court, that it be conducted in chambers.
Sworn statements offered in evidence may be received and admitted if properly and legally authenticated by the principal diplomatic or consular officer of the Republic of the Philippines residing in the requesting state.
The court grants extradition upon showing the existence of a prima facie case; otherwise, it dismisses the petition.
The accused may appeal to the Court of Appeals within 10 days from receipt of the decision. The appeal stays the execution of the trial court’s decision.
The Court of Appeals decision in extradition cases shall be final and immediately executory.
The trial court decision is promptly served on the accused if he was not present at reading, and two copies are forwarded to the Secretary of Foreign Affairs through the Department of Justice. The accused and the Secretary of Foreign Affairs through the Department of Justice are promptly served with copies of the Court of Appeals decision.
After the decision becomes final and executory, the accused is placed at the disposal of the requesting state’s authorities at a time and place determined by the Secretary of Foreign Affairs, after consultation with the foreign diplomat.
If extradition is granted, articles found in possession of the arrested accused may be seized upon court order at the instance of the requesting state/government and delivered to the foreign diplomat, who issues a receipt.
Except when the treaty provides otherwise, all costs/expenses in the proceeding and in apprehending, securing, and transmitting the accused are paid by the requesting state. The Secretary of Justice certifies amounts to be paid; the Secretary of Foreign Affairs collects/transmits them for deposit in the National Treasury.
The requesting state may request provisional arrest under the treaty while it remains in force. The NBI Director secures a warrant from the presiding judge. If within 20 days after provisional arrest the Secretary of Foreign Affairs has not received the extradition request and the Section 4 documents, the accused must be released from custody (though re-arrest is not prejudiced if the full request is later received).