SC okays rules on extradition proceedings
The Supreme Court en banc has approved the rules on extradition proceedings, providing clear guidelines on the applications for warrants of arrest, hold departure orders, and bail.
Extradition is the removal of an individual from the Philippines — the requested state — to place them at the disposal of foreign authorities or the requesting state to hold them in connection with a criminal investigation directed against them or for the execution of a penalty under the penal or criminal law of the other country.
According to the rules, which will take effect on Nov. 10, extradition is allowed only when the crime is punishable under both Philippine law and that of the requesting state.
Extradition begins when the justice secretary or any designated authorized state counsels of the Office of the Chief State Counsel files a verified petition with the extradition court. Once filed, that court has exclusive jurisdiction over the case, even if the extraditee moves to a different location or residence. After reviewing the petition and ensuring that it complies with the law and applicable treaty, the court will issue an arrest warrant that can be served anywhere in the Philippines.
Central authority
The court may also issue hold departure orders, upon request, to prevent the extraditee from leaving the country, except for purposes of extradition. If the extraditee is also facing criminal charges or serving a sentence in the Philippines for an offense other than the one for which extradition is requested, the execution of the extradition judgment may be postponed unless the court handling the local criminal case, upon request by the “central authority” or justice secretary, allows the temporary surrender of the extraditee to the requesting state.
