Mancao gives up, waives his extradition

CHICAGO – There were no legal fireworks. Only a brief exchange of documents. Everything happened in ten minutes. That was all the scenario that took place Tuesday (March 3) midmorning when Judge Lurana S. Snow of the United States District Court in Southern Florida in Fort Lauderdale ordered the extradition of former Philippine police officer Cezar Ochoco Mancao II to the Philippines to face extradition for double murder of Filipino publicist Salvador “Bubby" Dacer and Dacer’s driver, Emmanuel Corbito. A witness to the extradition hearing told this reporter that she did not even understand what was going on in a packed court room. She saw Mr. Mancao escorted in the court room and after a few minutes, she saw him escorted out without getting a clue as to what happened. The same witness said Mancao’s wife, Maricar, and their two children were in the court room. But Maricar, a Philippine doctor-turned registered nurse in the US refused to make any statement. Documents obtained by this reporter showed that the Philippine and the US governments, represented by Assistant US Attorney Jennifer Keene, presented in court the voluminous “original extradition paperwork." Mancao’s lawyer, Federal Public Deputy Defender Bernardo Lopez, presented a two-page “Affidavit of Consent to Extradition" signed by Mancao. Unlike, the extradition hearing of Mancao’s co-accused Glenn Galapon Dumlao, whose lawyer, Federal Public Deputy Defender Tracey Gaffey put up a spirited defense in the hearing last Dec. 5, 2008 that lasted for three hours in the US District Court of Eastern New York in Long Island, Mancao’s hearing was very tame in comparison. In his Affidavit of Consent to Extradition, Mancao said that “I have been fully informed by my attorney, Assistant Federal Public Defender Bernardo Lopez, with whose services I am satisfied, that I have certain rights pursuant to United States law, including Title 18, US Code, Section 3184 et seq., and the extradition treaty between the US and the Philippines. “In particular, I understand that the Government of the Philippines has requested my extradition; and under Title 18, US Code, Section 3184, I am entitled to a hearing at which certain facts would need to be established, including: — that currently there is an extradition treaty in force between the US and the Philippines; that the treaty covers the offense for which my extradition was requested; that I am the person whose extradition is sought by the Philippines; and that probable cause exists to believe that I committed the offense for which extradition was requested." Mancao’s affidavit added, “I further understand that I cannot be extradited to the requesting state unless and until a court of the United States certifies its finding of extraditability to the Secretary of State and the Secretary signs a warrant of surrender. “In full knowledge of the above, I hereby concede that I am the individual against whom charges are pending in the Philippines and for whom process is outstanding there. “I further stipulate that there is probable cause to support my extradition to the requesting state (Philippines) for the charge for which extradition was sought. “I consent to a certification by the Court of my extraditability without the need for a hearing contemplated under 18 USC. Section 3184; “To a decision by the Secretary of State authorizing my surrender; to be transported in custody to the requesting state as soon as its agents may arrive; “And to remain in the custody of the United States Marshal pending the arrival of agents of the requesting state. “I give this consent voluntarily, knowingly and entirely of my own free will. “No representative, official, or officer of the United States or of the Government of the Republic of the Philippines, nor any person whomsoever, has made any promise or offered any other form of inducement nor made any threat or exercised any form of intimidation against me." The affidavit was signed by Mancao attested by lawyer Bernardo Lopez and Judge Snow, who noted that Mancao “personally appeared before me and made his oath that the statements herein are true" on March 3, 2009. Snow immediately issued a “Certification of Extraditability and Order of Commitment," which among others, said that “there is currently in force an extradition treaty between the Governments of the Unites States and the Republic of the Philippines (Requesting State) of Nov. 13, 1994, which entered into force on Nov. 22, 1996; “That the undersigned judicial officer is authorized under Title 18, US Code, Section 3184, to conduct an extradition hearing; “The Court has personal jurisdiction over Cezar Ochoco Mancao II and subject matter jurisdiction over the case; “Cezar Ochoco Mancao II has been charged in the Republic of the Philippines with the offense of Double Murder under Article 248 of the Revised Penal Code of the Philippines; “This charge constitutes an extraditable offense pursuant to Article 2 of the Treaty; the requesting state seeks the extradition of Cezar Ochoco Mancao II for trial for this offense; Cezar Ochoco Mancao II has stipulated that there is probable cause to believe that he committed the offenses for which extradition is sought." Judge Snow added, “It is therefore ordered that the Clerk of the Court deliver to the Assistant US Attorney a certified copy of this Certification of Extraditability and the executed Affidavit of Consent to Extradition, and, further, that the Clerk forward certified copies of the same to the Secretary of State (to the attention of the Legal Adviser) and the Director, Office of International Affairs, Criminal Division, US Department of Justice, in Washington, D.C. for the appropriate disposition." Mancao, and other fellow police officers Dumlao, and Michael Ray B. Aquino were all subordinates of then Philippine National Police Chief General now Sen. Panfilo Lacson, who was charged and later acquitted along with several police officers with multiple murder in connection with the killing of 11 suspected members of the Kuratong Baleleng gang on May 18, 1995. - GMANews.TV