Scope and Applicability
- Applies only when an extradition treaty or convention between the Philippines and a foreign state is in effect.
- Facilitates removal of alleged offenders located within Philippine territory for prosecution or punishment abroad.
Key Definitions
- Extradition: Transfer of accused persons to foreign authorities for investigation or penalty enforcement.
- Extradition Treaty or Convention: Formal agreement between the Philippines and foreign states concerning extradition procedures.
- Accused: Person within Philippines whose extradition is requested.
- Requesting State or Government: Foreign entity seeking extradition.
- Foreign Diplomat: Authorized diplomatic representative of requesting state recognized by Secretary of Foreign Affairs.
- Secretary of Foreign Affairs: Head of the Philippine Department of Foreign Affairs or designee.
Purposes of Extradition
- For criminal investigations against accused charged with offenses punishable by deprivation of liberty under the laws of both states.
- For execution of prison sentences imposed by foreign courts corresponding to offenses committed within their jurisdiction.
Extradition Request Procedure
- Request must come solely from foreign states with active treaties.
- Requests submitted by foreign diplomats to the Secretary of Foreign Affairs.
- Must include:
- Authentic copies of court decisions or arrest warrants.
- Detailed recital of acts constituting the offense with accused’s identification.
- Applicable foreign law text or content description for assessment.
- Supporting documents or information.
Processing of Requests
- Secretary of Foreign Affairs reviews request for completeness.
- Forwards to Secretary of Justice, who designates an attorney to file a petition with the proper Court of First Instance.
- Petition includes all relevant documentation, and submission is free from judicial fees.
- Court of First Instance has exclusive jurisdiction regardless of accused’s location.
Judicial Proceedings
- Court promptly summons the accused; may order immediate arrest for justice.
- Notices and warrant copies served on accused and counsel.
- If accused lacks counsel, court appoints counsel de oficio.
- Hearings are public unless accused requests closed session with court approval.
- Requesting state may be represented by designated counsel or private lawyer.
- Failure of accused to appear leads to issuance of arrest warrant.
- Rules of Court apply suitably for fair and expeditious proceedings.
- Sworn statements properly authenticated by Philippine consular or diplomatic officers admitted as evidence.
Court's Decision and Service
- Decision must state prima facie case presence for extradition grant; otherwise, petition is dismissed.
- Decision served on accused if absent; copies forwarded to Secretary of Foreign Affairs via Department of Justice.
Appeals Process
- Accused may appeal within 10 days to Court of Appeals.
- Appeal suspends execution of extradition order.
- Court of Appeals’ decision is final and immediately executory.
- Rules of Court for criminal appeals apply, with allowance for typed or mimeographed briefs.
Handling Multiple Requests
- Secretary of Foreign Affairs, consulting Secretary of Justice, prioritizes concurrent extradition requests involving the same accused.
- Decision communicated to case attorney.
Surrender and Custody
- Once extradition is final, accused shall be surrendered to foreign authorities at a designated time and place.
- Property found with accused during arrest may be seized on court order and turned over to requesting state with receipt.
Financial Responsibilities
- Unless treaty specifies otherwise, all expenses related to extradition process borne by requesting state.
- Secretary of Justice certifies costs; Secretary of Foreign Affairs collects and submits funds to National Treasury.
Enforcement and Arrest Procedures
- Court processes served by local sheriff or law enforcement personnel.
- Allows provisional arrest upon urgent request, pending formal extradition documents.
- Provisional arrest warrant issued by Court of First Instance judge upon NBI Director’s request.
- If formal request not received within 20 days, accused released without prejudice to re-arrest upon subsequent request.
Effectivity
- Decree effective immediately upon promulgation.
- Applicable only during the validity of extradition treaties or conventions with foreign states.