Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 1069)
The short title of Presidential Decree No. 1069 is the "Philippine Extradition Law."
Extradition is defined as the removal of an accused from the Philippines with the object of placing him at the disposal of foreign authorities to enable the requesting state or government to hold him in connection with any criminal investigation or the execution of a penalty under the laws of the requesting state.
Extradition may be granted only pursuant to a treaty or convention and with the view to either (a) a criminal investigation instituted by authorities of the requesting state or government charging the accused with an offense punishable under both jurisdictions, or (b) the execution of a prison sentence imposed by a court of the requesting state for an offense committed within its territorial jurisdiction.
A request for extradition may be made by any foreign state or government with which the Philippines has an extradition treaty and is addressed by the Foreign Diplomat of the requesting state to the Secretary of Foreign Affairs.
The request must be accompanied by (a) the original or authentic copy of the court decision or criminal charge and arrest warrant, (b) a recital of acts for which extradition is requested, detailing identity and offense particulars, (c) the applicable law or a statement of its contents describing the offense, and (d) other supporting documents or information.
The Secretary of Foreign Affairs must, unless the request fails to meet requirements, forward it along with related documents to the Secretary of Justice who will designate an attorney to file a petition with the appropriate Court of First Instance.
The presiding judge shall summon the accused to appear, may issue a warrant for immediate arrest if deemed necessary, and shall conduct a hearing with provisions of the Rules of Court applied as far as practicable.
Yes, if the accused does not have counsel, the court will appoint a counsel de oficio. The requesting state may also be represented by an attorney or retain private counsel.
The accused may file an appeal within 10 days to the Court of Appeals whose decision shall be final and immediately executory. The appeal will stay the execution of the Court of First Instance's decision.
In urgent cases, the requesting state may request provisional arrest pending the formal extradition request. The request is sent to the Director of the NBI who secures a warrant of provisional arrest from the Court of First Instance. If the formal request is not received within 20 days, the accused must be released, but this does not prevent subsequent extradition if a request arrives later.