BY ATTY. JULIUS GREGORY B. DELGADO

SUPREME COURT ISSUES RULES ON EXTRADITION PROCEEDINGS

In a Resolution dated April 8, 2025, the Supreme Court issued A.M. 22-03-29-SC or the Rules on Extradition Proceedings. The Rules will govern requests from Requesting States with Extradition Treaties with the Philippines wherein the acts being complained of are both punishable by imprisonment in both states. It is also applicable for requests for extradition to serve the imposed sentence but should be granted only if the remaining term or period of imprisonment is more than six (6) months. The Rules provide that extradition proceedings are sui generis and summary in nature and will not involve the determination of guilt of the Extraditee. The purpose of which is solely to determine if the Request for Extradition, along with its supporting documents, complies with the relevant Extradition Treaty and whether the person sought is extraditable. 

The extradition process is initiated by filing a Petition for Extradition by the Central Authority which is the Department of Justice before the Extradition Court. The Rules provide for the jurisdictional allegations and the required attachments as provided in Sections 2 and 3, respectively. The Extradition Court will then determine ex-parte if: 1) the petition is sufficient in form and substance; 2) it complies with the law and applicable Extradition Treaty; and 3) there is probable cause that: a) the Extraditee is the same person identified in the warrant of arrest, indictment, or judgment issued by the Requesting State; b) the offense involved is an extraditable offense; and c) the Extraditee committed the offense subject of the warrant of arrest, indictment or judgment issued by the Requesting State. Upon finding that the foregoing requisites are satisfied, the Extradition Court may issue a Warrant of Arrest against the Extraditee. The Rules provide that it is the National Bureau of Investigation which will exercise custody of the Extraditee during the pendency of the proceedings. The Rules provide that upon request, the Extradition Court may issue a Hold Departure Order to the Bureau of Immigration to prevent the Extraditee from leaving the country.

The Extradition Court may shall then issue Summons directing the Extraditee to file an Answer. The Rules provide for the expedited procedure, including what are prohibited pleadings, highlighting the summary nature of the proceedings. The Rules provide that unless the Extradition Court find it necessary, there will be no presentation of witnesses required and shall be decided by the submissions/pleadings submitted. The Rules provide also the temporary suspension of the enforcement of the extradition if the Extraditee is facing criminal prosecution or serving sentence in the country. However, another provision provides for an exception which is the so-called temporary surrender when requested by the Requesting State under terms and conditions that the circumstances may warrant. Decision of the Extradition Court may be subjected to an ordinary appeal with the Court of Appeals which shall stay the extradition. The Court of Appeals shall resolve the appeal within a period of ninety (90) days.

Rule 3 of the Rules discusses about bail which is discretionary, shall not be granted to those who is sought for service of sentence or have been convicted but has not yet been sentenced, and the applicant should prove that he is not a flight risk and he or she will abide by the orders of the Extradition Court. Rule 4 is unique as it discusses about Provisional Arrest in case of urgency even before the Request for Extradition has been received by the Central Authority or DOJ. This application for provisional arrest shall be filed by the NBI as may be directed by the Central Authority or DOJ before a second-level court. It is good for sixty (60) days only and if the Request for Extradition has not been received after the said period, the Extraditee shall be released. Finally, there is a provision of voluntary surrender wherein an Extraditee voluntarily waives his or her rights under the Rules and consent or submit to immediate extradition to the Requesting State.