Extradition | Treatment of Aliens | PUBLIC INTERNATIONAL LAW

Extradition: A Detailed Analysis under Philippine Law and Public International Law

I. Definition of Extradition

Extradition is a process where one sovereign state surrenders an individual to another sovereign state for the purpose of prosecution or punishment for crimes committed within the jurisdiction of the requesting state. It is a means of international cooperation to combat transnational crimes and prevent fugitives from evading justice by fleeing to other countries.

Extradition is not an inherent right under international law. It is generally governed by treaties, conventions, and domestic law. In the absence of a treaty, states may also extradite individuals based on principles of reciprocity or comity.


II. Legal Framework Governing Extradition in the Philippines

  1. Constitutional Basis

    The 1987 Constitution of the Philippines provides a broad legal framework for international cooperation. Although it does not specifically mention extradition, it upholds the country’s obligations under international law, as provided under Article II, Section 2, which states:

    "The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land, and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations."

  2. The Philippine Extradition Law (Presidential Decree No. 1069)

    The main piece of legislation governing extradition in the Philippines is Presidential Decree No. 1069, or the "Philippine Extradition Law," promulgated in 1977. It provides a detailed procedure for the extradition of individuals between the Philippines and other states, based on an extradition treaty.

    Key provisions of PD No. 1069 include:

    • Sec. 2: Defines the purpose of the law, which is to "prescribe the procedure for the extradition of persons who have committed crimes in a foreign country."
    • Sec. 3: Limits extradition only to cases where a treaty exists between the Philippines and the requesting state, except when reciprocity can be invoked.
    • Sec. 6: Details the formal requirements for an extradition request, which must include official documents such as warrants of arrest, indictments, or statements of the offense.
    • Sec. 9: Provides for a summary extradition procedure, limiting judicial review primarily to the sufficiency of the documents submitted and the legality of the arrest.
  3. Extradition Treaties

    The Philippines has bilateral extradition treaties with several countries, including the United States, Canada, Australia, the United Kingdom, and Spain, among others. These treaties establish the legal basis for the surrender of fugitives between the signatory states.

  4. International Agreements

    In addition to bilateral treaties, the Philippines is also a signatory to multilateral agreements that provide frameworks for extradition or mutual legal assistance, such as:

    • The United Nations Convention against Transnational Organized Crime (UNTOC)
    • The United Nations Convention against Corruption (UNCAC)
    • Various regional conventions within the Association of Southeast Asian Nations (ASEAN).

III. Substantive and Procedural Requirements for Extradition

  1. Principle of Double Criminality

    A fundamental requirement for extradition is the principle of double criminality. This means that the act for which extradition is sought must be a crime in both the requesting and requested states. The offense must be punishable under the laws of both states, usually by a significant penalty (often imprisonment for a year or more).

  2. Extraditable Offenses

    Not all crimes are extraditable. Treaties often contain a list of extraditable offenses. Extraditable crimes typically include:

    • Serious offenses such as murder, rape, drug trafficking, and terrorism.
    • Economic crimes like fraud, embezzlement, and money laundering.
    • In recent years, certain cybercrimes have also been included in extradition treaties.
  3. Non-Extraditable Offenses

    Certain offenses are generally not subject to extradition, including:

    • Political Offenses: Extradition is typically not allowed for purely political crimes, such as sedition, rebellion, or treason. The rationale is that states should not intervene in another country’s internal political disputes.
    • Military Offenses: Offenses under military law that do not constitute crimes under ordinary criminal law are also typically excluded.
    • Religious Offenses: Acts solely based on religious beliefs or practices are generally non-extraditable.
  4. The Rule of Specialty

    The Rule of Specialty is an important safeguard for individuals being extradited. It mandates that the individual may only be tried or punished for the offense for which extradition was granted. If the requesting state seeks to prosecute the person for a different crime, it must seek the permission of the extraditing state.

  5. Extradition Procedure under PD No. 1069

    The procedure for extradition in the Philippines is primarily executive in nature, with limited judicial involvement. The Department of Foreign Affairs (DFA) and the Department of Justice (DOJ) play pivotal roles.

    a. Filing of the Request: The request for extradition is made by the diplomatic or consular representative of the requesting state, through the DFA, to the DOJ.

    b. Evaluation by the DOJ: The DOJ reviews the documents submitted to determine if they comply with the requirements of the extradition treaty or PD No. 1069. If the request is in order, the DOJ files a petition for extradition with the Regional Trial Court (RTC) of the place where the person is found.

    c. Judicial Hearing: The RTC conducts a summary extradition hearing, where the court determines the sufficiency of the evidence submitted by the requesting state. The court does not adjudicate on the guilt or innocence of the person sought, only on whether the documents justify extradition.

    d. Issuance of a Warrant of Arrest: If the court finds that the evidence is sufficient, it may issue a warrant of arrest and order the person’s detention pending the final decision on extradition.

    e. Appeals: Decisions of the RTC in extradition cases are appealable to higher courts, although the scope of review is limited to legal issues rather than factual determinations.


IV. Grounds for Refusal of Extradition

  1. Political Offenses Exception

    The political offense exception is a key ground for denying extradition. If the requested state determines that the offense for which extradition is sought is political in nature, it can refuse to extradite the individual.

    In Philippine jurisprudence, cases like Government of Hong Kong Special Administrative Region v. Olalia (G.R. No. 153675, April 19, 2007) have examined the application of the political offense exception.

  2. Risk of Torture, Inhumane Treatment, or Death Penalty

    The Philippines, as a signatory to various human rights treaties, may refuse extradition if there is a substantial risk that the individual would face torture, inhumane treatment, or the death penalty in the requesting state.

    • Death Penalty: The Philippines abolished the death penalty in 2006, so extradition to a country where the death penalty is a potential punishment may be denied unless there are assurances that it will not be imposed.
  3. Human Rights Violations

    A significant concern for the Philippine government is the protection of the individual’s human rights. If the person’s extradition would result in a violation of their basic human rights, extradition may be denied.


V. Recent Jurisprudence and Trends in Philippine Extradition

  1. Case Law

    • Government of Hong Kong Special Administrative Region v. Hon. Olalia Jr., et al. (G.R. No. 153675, April 19, 2007): The Supreme Court ruled that in extradition proceedings, the requested state cannot inquire into the political motivations behind the requesting state’s request, except where the political offense exception is invoked.
    • Secretary of Justice v. Lantion (G.R. No. 139465, January 18, 2000): This case highlights the importance of procedural due process in extradition, ruling that the prospective extraditee has a right to notice and to be heard during the evaluation of the extradition request.
  2. Extradition and Terrorism

    With the rise of global terrorism, extradition has increasingly been used as a tool to combat international terrorism. The Philippines has been active in this regard, particularly through cooperation with countries in the region via ASEAN treaties and international conventions.


VI. Conclusion

Extradition remains a critical legal process in both Philippine law and international law. The balance between respecting sovereignty, ensuring justice, and protecting individual rights is a constant challenge in extradition cases. In the Philippines, extradition is governed by a combination of treaties, domestic laws, and jurisprudence, all aimed at ensuring that the process is fair and just, while also fulfilling the country’s international obligations.