Policy basis and aims
- Extradition is implemented in line with the Constitution’s adoption of generally accepted principles of international law.
- Extradition is grounded on the objective that crimes should not go unpunished and that cooperation and amity among nations support suppression of crime.
- Extradition may be granted only pursuant to a treaty or convention, and only for the aims allowed by the applicable treaty or convention.
- Extradition is limited to either (a) an investigation purpose or (b) an execution-of-sentence purpose, and each purpose must be tied to offenses punishable under both the requesting state’s law and the Republic of the Philippines’ law by imprisonment or other form of deprivation of liberty.
Core definitions
- “Extradition” is the removal of an accused from the Philippines so foreign authorities can hold the person for (a) criminal investigation or (b) execution of a penalty imposed under the requesting state’s penal or criminal law.
- “Extradition Treaty or Convention” means an extradition agreement between the Republic of the Philippines and one or more foreign states or governments.
- “Accused” means the person who is, or is suspected of being, within the territorial jurisdiction of the Philippines and whose extradition has been requested.
- “Requesting State or Government” is the foreign state or government from which the extradition request emanates.
- “Foreign Diplomat” means any authorized diplomatic representative of the requesting state or government recognized as such by the Secretary of Foreign Affairs.
- “Secretary of Foreign Affairs” is the head of the Department of Foreign Affairs, or in his absence, the official acting on his behalf or temporarily occupying and discharging the duties.
Who may request and what is required
- A foreign state or government may request extradition only if the Republic of the Philippines has an extradition treaty or convention with that state or government and only when the relevant treaty or convention remains in force.
- The extradition request must be made by the Foreign Diplomat of the requesting state or government, addressed to the Secretary of Foreign Affairs.
- The request must be accompanied by the original or an authentic copy of either:
- the decision or sentence imposed by the court of the requesting state; or
- the criminal charge and the warrant of arrest issued by the authority of the requesting state having jurisdiction, or other instruments with equivalent legal force.
- The request must also include a recital of the acts for which extradition is requested, with the fullest particulars on:
- the accused’s name and identity,
- the accused’s whereabouts in the Philippines if known,
- the acts or omissions complained of, and
- the time and place of commission.
- The request must include the text of the applicable law or a statement of its contents, and a designation or description of the offense by the law sufficient for evaluation of the request.
- The request must include such other documents or information in support of the request.
Secretary of Foreign Affairs and court petition
- The Secretary of Foreign Affairs must forward the request and related documents to the Secretary of Justice if the request meets the requirements of the Decree and the relevant treaty or convention.
- The Secretary of Justice shall immediately designate and authorize an attorney in the Secretary of Justice’s office to take charge of the case.
- The designated attorney must file a written petition with the proper Court of First Instance of the province or city having jurisdiction over the place.
- The petition must pray that the court take the request under consideration and must attach all related documents.
- Filing the petition and serving the summons to the accused is free from payment of docket and sheriff’s fees.
- The Court of First Instance has and continues to have exclusive power to hear and decide the case regardless of:
- the accused’s subsequent whereabouts, or
- any change in the accused’s place of residence.
Summons, arrest, counsel, hearings
- Upon receipt of the petition, the presiding judge shall, as soon as practicable, summon the accused to appear and to answer on the day and hour fixed in the order.
- The presiding judge may issue a warrant for immediate arrest and temporary detention if it appears that immediate arrest and temporary detention will best serve the ends of justice.
- After the accused answers, the presiding judge shall hear the case, or if the accused fails to answer within the time fixed, the presiding judge shall hear the case or set another hearing date.
- The order and notice, and a copy of any warrant of arrest issued, must be promptly served on the accused and the attorney having charge of the case.
- If the accused does not have legal counsel on the hearing date, the presiding judge must appoint any law practitioner residing within the court’s territorial jurisdiction as counsel de oficio.
- Extradition hearings are public unless the accused requests, with leave of court, that the hearing be conducted in chamber.
- The attorney having charge of the case may request to represent the requesting state or government throughout the proceedings.
- The requesting state or government may retain private counsel to represent it for a particular extradition case.
- If the accused fails to appear on the hearing date, or if the accused is not under detention, the court must forthwith issue a warrant for the accused’s arrest that may be served anywhere within the Philippines.
Proceedings, evidence, and court decisions
- The hearing applies the Rules of Court provisions insofar as practicable and not inconsistent with the summary nature of the proceedings.
- The hearing must be conducted to arrive at a fair and speedy disposition.
- Sworn statements offered in evidence in an extradition hearing are admissible if properly and legally authenticated by the principal diplomatic or consular officer of the Republic of the Philippines residing in the requesting state.
- Upon conclusion of the hearing, the court must render a decision:
- granting extradition and giving reasons upon showing of a prima facie case, or
- dismissing the petition if the prima facie showing is not made.
- The court’s decision must be promptly served on the accused if the accused was not present at the reading.
- The clerk of court must immediately forward two copies of the decision to the Secretary of Foreign Affairs through the Department of Justice.
Appeals and effect of appeal
- The accused may appeal within 10 days from receipt of the decision granting extradition to the Court of Appeals.
- The Court of Appeals’ decision in extradition cases is final and immediately executory.
- The appeal stays the execution of the Court of First Instance’s decision.
- The Rules of Court governing appeal in criminal cases in the Court of Appeals apply to appeal in extradition cases, except that parties may file typewritten or mimeograph copies of their brief within 15 days from receipt of notice to file briefs.
- The accused and the Secretary of Foreign Affairs through the Department of Justice must be promptly served with copies of the Court of Appeals decision.
Concurrent requests, surrender, and property turnover
- If the same person is requested for extradition by two or more states, the Secretary of Foreign Affairs, after consultation with the Secretary of Justice, decides which request will be first considered.
- Copies of the Secretary’s decision are promptly forwarded to the attorney having charge of the case through the Department of Justice, if there is one.
- After the court decision in the extradition case becomes final and executory, the accused must be placed at the disposal of the authorities of the requesting state or government.
- The Secretary of Foreign Affairs must determine the time and place of surrender after consultation with the foreign diplomat of the requesting state or government.
- If extradition is granted, articles found in the accused’s possession upon arrest may be seized on order of the court at the instance of the requesting state or government.
- Seized articles must be delivered to the foreign diplomat of the requesting state or government, who issues the corresponding receipt.
Costs, service of processes, and provisional arrest
- Except when the relevant extradition treaty provides otherwise, the requesting state or government pays all costs or expenses incurred in extradition proceedings and in apprehending, securing, and transmitting the accused.
- The Secretary of Justice must certify to the Secretary of Foreign Affairs the amounts to be paid by the requesting state or government for expenses and costs.
- The Secretary of Foreign Affairs must cause collection and transmit the certified amounts to the Secretary of Justice for deposit in the National Treasury of the Philippines.
- Court processes in extradition cases must be served or executed by the Sheriff of the province or city concerned or by any member of any law enforcement agency.
Provisional arrest
- If urgency exists, the requesting state may request provisional arrest pursuant to the relevant treaty or convention while it remains in force.
- A provisional arrest request must be sent to the Director of the National Bureau of Investigation, Manila, either through diplomatic channels or directly by post or telegraph.
- Upon receipt of a provisional arrest request, the Director of the National Bureau of Investigation (or an official acting on his behalf) must immediately secure a warrant for provisional arrest from the presiding judge of the Court of First Instance of the province or city having jurisdiction.
- The Director of the National Bureau of Investigation must inform the requesting state of the result of its provisional arrest request through the Secretary of Foreign Affairs.
- If, within 20 days after the provisional arrest, the Secretary of Foreign Affairs has not received the extradition request and the documents required under Section 4, the accused must be released from custody.
- Release from provisional arrest does not prejudice re-arrest and extradition if a compliant extradition request is received subsequently in accordance with the relevant treaty or convention.
Transitory and implementing effect
- The Decree’s procedures apply only to extradition requests during the existence of an extradition treaty or convention and only in relation to the foreign state or government covered by such treaty or convention.
- Presidential Decree No. 1069 directs immediate effect, and its operative force is tied to the existence of applicable extradition treaty or convention relationships.