Prescribing The Procedure For The Extradition Of Persons Who Have Committed Crimes In A Foreign Country

Case Overview and Summary

PRESIDENTIAL DECREE NO 1069

Prescribing the Procedure for the Extradition of Persons Who Have Committed Crimes in a Foreign Country

- Definition of Terms (Section 2):
• Extradition: Removal of an accused from the Philippines to enable the requesting state to hold them for criminal investigation or execution of penalty.
• Extradition Treaty or Convention: Agreement between the Philippines and foreign state(s) for extradition.
• Accused: Person suspected of being in the Philippines whose extradition is requested.
• Requesting State or Government: Foreign state requesting extradition.
• Foreign Diplomat: Authorized representative of the requesting state.
• Secretary of Foreign Affairs: Head of the Department of Foreign Affairs.

- Aims of Extradition (Section 3):
• For criminal investigation by requesting state, charging the accused with an offense punishable by imprisonment in both states. (Section 3a)
• For execution of a prison sentence imposed by the requesting state's court, with duration stipulated in the treaty. (Section 3b)

- Request Requirements (Section 4):
• Made by the Foreign Diplomat to the Secretary of Foreign Affairs. (Section 4.2)
• Accompanied by decision/sentence, criminal charge, warrant, recital of acts, applicable law text, and other supporting documents. (Section 4.2a-d)

- Procedure (Sections 5-9):
• Secretary of Foreign Affairs forwards request to Secretary of Justice, who files petition with Court of First Instance. (Section 5.1-2)
• Court summons the accused, may issue arrest warrant, holds public hearing unless requested private. (Sections 6-8)
• Provisions of Rules of Court apply where practicable. Sworn statements from Philippine officials are admissible evidence. (Section 9)

- Decision and Appeal (Sections 10-14):
• Court grants extradition upon showing of prima facie case, otherwise dismisses petition. (Section 10)
• Accused may appeal to Court of Appeals within 10 days, staying execution. Appeal follows Rules of Court for criminal cases. (Sections 12-13)
• Decisions served to accused and Secretary of Foreign Affairs. (Sections 11, 14)

- Concurrent Requests and Surrender (Sections 15-17):
• Secretary of Foreign Affairs decides which request to consider first in case of multiple requests for the same person. (Section 15)
• After final decision, accused is surrendered to requesting state's authorities at a determined time and place. (Section 16)
• Accused's seized properties are delivered to the requesting state's Foreign Diplomat. (Section 17)

- Costs and Expenses (Section 18):
• Paid by the requesting state, unless treaty provides otherwise.
• Amounts certified by Secretary of Justice and collected by Secretary of Foreign Affairs.

- Provisional Arrest (Section 20):
• Requesting state may request provisional arrest in case of urgency, pending extradition request.
• Request sent to NBI Director, who secures arrest warrant from Court of First Instance.
• Accused released if no extradition request received within 20 days, but can be re-arrested later.