SC approves rules on extradition proceedings

The Supreme Court has approved rules on the extradition of any individual in the country who are facing criminal investigation or for the execution of a penalty abroad.

According to the court, there is a need to provide the rules “to ensure consistency and give guidance in handling extradition cases.”

The rules will take effect on November 10, following their publication in the Official Gazette, in two newspapers of general circulation, and the SC website. 

In the 16-page document, the SC described an extraditee as “any person who is, or is suspected of being, within the territory of the Philippines and whose extradition, or provisional arrest for the purpose of extradition is requested by the requesting state.” 

According to the court, any offense is extraditable when the act is punishable under the laws of both the Philippines and the requesting state by imprisonment or other deprivation of liberty.

However, it shall only be granted if the remaining sentence to be served is at least six month.

Among the other rules, the SC said that the hearing shall be conducted in open court unless the extraditee or the petitioner requests, with leave of court.

Meanwhile, testimonies of witnesses will also not be required unless found necessary. If the extradition court allows the presentation of witnesses, it shall render judgment within 30 calendar days from the date the last witness is presented. 

Aside from this, the SC said that the extradition court shall strictly adhere to the rule that the witness must be fully examined in one day.

Meanwhile, the SC said that after a decision granting the extradition is granted, it becomes final and executory and jurisdiction of the extraditee shall be turned over to authorities of the requesting state.

Meanwhile, the requesting state shall also shoulder all costs or expenses incurred in the extradition proceedings, unless otherwise provided in the applicable extradition treaty.—AOL, GMA Integrated News