Manila: The Supreme Court (SC) en Banc has approved the Rules on Extradition Proceedings to make extradition proceedings consistent, clear, and efficient, including applications for warrants of arrest, hold departure orders, and bail. Extradition involves transferring an individual from the Philippines to a foreign authority for criminal investigation or penalty execution under the requesting state’s laws.
According to Philippines News Agency, the extradition process verifies compliance with laws and treaties and assesses if the individual is extraditable. These summary proceedings do not determine the guilt or innocence of the person involved. Extradition is permitted only if the crime is punishable under both Philippine law and the requesting state’s law, even if terminologies or elements differ, as long as the act is criminal in both jurisdictions and meets the offense elements.
For extradition due to imprisonment sentences, at least six months must remain to be served. An extradition action starts when the Secretary of Justice or an authorized state counsel files a verified petition with the court, which then gains exclusive jurisdiction over the case. The extradition court must review petitions ex parte to ensure they are sufficient and compliant with relevant laws and treaties before issuing arrest warrants.
Arrest warrants can be executed nationwide, and extraditees will be detained at National Bureau of Investigation (NBI) facilities near the court. Hold departure orders may be issued to prevent the extraditee from leaving the country, except for extradition purposes. If the extraditee faces local charges, extradition may be delayed unless the local court allows temporary surrender.
Appeals can be submitted to the Court of Appeals (CA), which must resolve within 90 days, with decisions being final and immediately executory. Provisional arrests can occur if urgent, pending receipt of extradition requests. If documents aren’t submitted within 60 days of provisional arrest, the extraditee will be released but may be rearrested upon request submission.
Voluntary surrender waives extradition proceedings rights. Once extradition is granted, the extraditee and any related possessions will be transferred to the requesting state. The requesting state covers all extradition costs unless otherwise stated in the treaty. The new rules take effect on November 10.
