Extradition Procedure under Public International Law and Philippine Law

Extradition is the legal process by which a state, at the request of another state, surrenders a person accused or convicted of a crime committed within the jurisdiction of the requesting state. It is an aspect of public international law, governed by treaties and domestic law, ensuring that justice is administered regardless of national boundaries.

I. Governing Laws on Extradition

Public International Law:
- Treaties: Extradition is primarily governed by treaties between states, which create mutual obligations to surrender individuals sought for prosecution or punishment. Examples include bilateral treaties or multilateral agreements like the European Convention on Extradition (1957).
- Principle of Reciprocity: In the absence of a treaty, extradition may be granted based on the principle of reciprocity, where states return favors of extradition on a case-by-case basis.
Philippine Domestic Law:
- Presidential Decree No. 1069 (The Philippine Extradition Law): This law governs the extradition procedure in the Philippines. It incorporates relevant provisions from public international law and ensures the implementation of extradition treaties to which the Philippines is a party.
- Department of Justice (DOJ) Circulars: The DOJ issues circulars detailing procedures, as the primary agency in charge of handling extradition requests.

II. General Principles of Extradition

Dual Criminality:
- The act for which extradition is sought must be considered a crime in both the requesting state and the requested state (Philippines).
Political Offense Exception:
- Extradition may be denied if the offense is of a political nature. Crimes such as rebellion or treason may fall under this exception, unless they involve acts of terrorism or war crimes, which are excluded from the political offense doctrine in most treaties.
Non-Extradition of Nationals:
- Some states refuse to extradite their nationals. The Philippines generally does not have this restriction and may extradite its citizens, subject to specific legal safeguards.
Rule of Specialty:
- The person extradited can only be tried or punished for the offense for which extradition was granted. If the requesting state wishes to try the individual for a different crime, further consent is required.
No Extradition for Certain Punishments:
- Extradition may be refused if the requesting state seeks to impose a punishment deemed unacceptable by the requested state, such as the death penalty or torture. In the Philippines, extradition is prohibited if the requesting state will impose the death penalty, unless it provides assurances that the sentence will not be carried out.

III. Extradition Procedure in the Philippines

Initiation of the Process:
- Extradition begins with a formal request from a foreign state, typically through diplomatic channels, either by treaty obligation or through reciprocity. The request is received by the Department of Foreign Affairs (DFA), which endorses it to the Department of Justice (DOJ) for evaluation.
Evaluation by the Department of Justice (DOJ):
- The DOJ assesses whether the extradition request complies with the applicable treaty or law. Key considerations include:
  - Whether the offense is punishable in both countries (dual criminality).
  - Whether the offense is political in nature.
  - Whether the accused will receive fair treatment and trial in the requesting state.
If the DOJ finds the request sufficient, it forwards the request to the Regional Trial Court (RTC) of the jurisdiction where the fugitive resides.
Filing of a Petition for Extradition:
- The DOJ, acting for the requesting state, files a petition for extradition in the RTC. This is a non-criminal proceeding and is handled under civil procedure rules.
Issuance of Provisional Arrest Warrant:
- Pending the determination of the petition, the court may issue a provisional warrant of arrest to prevent the fugitive from absconding. This can also be requested if the requesting state has asked for the temporary detention of the fugitive while the extradition request is being processed.
Hearings and Determination by the Regional Trial Court:
- The RTC schedules hearings to determine whether the individual should be extradited based on the evidence presented. The court ensures that due process is observed, and the fugitive is allowed to present defenses.
- Defenses that may be raised include:
  - The absence of dual criminality.
  - Political offense exemption.
  - Risk of cruel and unusual punishment (e.g., death penalty, torture).
  - Non-compliance with treaty requirements.
The court’s decision focuses on the legal sufficiency of the extradition request, not the guilt or innocence of the fugitive.
Appeal Process:
- The fugitive may appeal the RTC's decision to the Court of Appeals and ultimately to the Supreme Court. However, appeals are generally limited to questions of law rather than factual determinations.
Surrender of the Fugitive:
- If the RTC grants the petition, the fugitive is turned over to the requesting state. The process of surrender is coordinated between the DOJ, the Bureau of Immigration, and the requesting state's authorities.

IV. Provisional Arrest Without Formal Request

In urgent situations, where the requesting state needs immediate action, the Philippines may provisionally arrest an individual even before receiving a formal request for extradition. This typically occurs when the fugitive is likely to flee, but there must be assurances that the formal request will follow within a stipulated period (usually 60 days).

V. Safeguards in Extradition

Protection of Human Rights:
- Extradition may be refused if the fugitive's human rights are likely to be violated in the requesting state. For instance, if there is a credible risk of torture, inhuman treatment, or denial of due process, extradition may be denied.
Double Jeopardy:
- Extradition may also be refused if the person has already been tried or convicted for the same offense in the Philippines (or another state), protecting them from double jeopardy.
Prescription of Offense:
- If the offense is no longer punishable due to the lapse of the statute of limitations under Philippine law or the law of the requesting state, extradition will not be granted.

VI. Relation to International Criminal Law

Extradition also plays a key role in the enforcement of international criminal law, particularly for crimes like genocide, war crimes, and crimes against humanity. States are often required to either extradite or prosecute individuals accused of such crimes under principles like aut dedere aut judicare.

For example, under the Rome Statute of the International Criminal Court (ICC), although the ICC has its own mechanisms for securing the surrender of individuals, extradition can complement efforts to bring perpetrators of international crimes to justice.

Conclusion

Extradition is a vital legal mechanism for international cooperation in criminal matters, ensuring that individuals accused of crimes cannot evade justice by fleeing across borders. In the Philippines, extradition is governed by a complex framework that balances the need for international cooperation with the protection of human rights and domestic legal safeguards. It involves coordination between international treaties, domestic law, and various government agencies, ensuring that due process is followed at every stage of the procedure.