In light of the well-publicized trip last week of hard-hitting opposition Senator Panfilo Lacson to Hongkong (and from there, to other unknown countries) to intentionally evade the outstanding warrant of arrest recently issued against him by a Philippine trial court in connection with the heinous murder of a prominent Filipino publicist and his driver some years ago during the notorious term of convicted plunderer and former Philippine Pres. Joseph Estrada, perhaps it is relevant and useful to digest hereinbelow the salient procedural provisions of the Philippine Extradition Law (Presidential Decree No. 1069, c. 1977), for legal research purposes of the visitors of this blog.
"Extradition" is the removal of an accused from the Philippines with the object of placing him at the disposal of foreign authorities to enable the requesting state or government to hold him in connection with any criminal investigation directed against him or the execution of a penalty imposed on him under the penal or criminal law of the requesting state or government. (Sec. 2).
Under Sec. 3, an extradition may be granted only pursuant to a treaty or convention, and with a view to:
(a) A criminal investigation instituted by authorities of the requesting state or government charging the accused with an offense punishable under the laws both of the requesting state or government and the Republic of the Philippines by imprisonment or other form relevant extradition treaty or convention; or
(b) The execution of a prison sentence imposed by a court of the requesting state or government, with such duration as that stipulated in the relevant extradition treaty or convention, to be served in the jurisdiction of and as a punishment for an offense committed by the accused within the territorial jurisdiction of the requesting state or government.
Section 4 provides for the request procedures to be observed by the requesting state:
(1) Any foreign state or government with which the Republic of the Philippines has entered into extradition treaty or convention, only when the relevant treaty or convention, remains in force, may request for the extradition of any accused who is or suspected of being in the territorial jurisdiction of the Philippines.
(2) The request shall be made by the Foreign Diplomat of the requesting state or government, addressed to the Secretary of Foreign Affairs, and shall be accompanied by:
(a) The original or an authentic copy of either -
(1) the decision or sentence imposed upon the accused by the court of the requesting state or government; or
(2) the criminal charge and the warrant of arrest issued by the authority of the requesting state or government having jurisdiction of the matter or some other instruments having the equivalent legal force.
(b) A recital of the acts for which extradition is requested, with the fullest particulars as to the name and identity of the
accused, his whereabouts in the Philippines, if known, the acts or omissions complained of, and the time and place of the commission of these acts;
(c) The text of the applicable law or a statement of the contents of said law, and the designation or description of the offense by the law, sufficient for evaluation of the request; and
(d) Such other documents or information in support of the request.
Section 5 states the procedural duties of the Philippine Secretary of Foreign Affairs:
(1) Unless it appears to the Secretary of Foreign Affairs that the request fails to meet the requirements of this law and the relevant treaty or convention, he shall forward the request together with the related documents to the Secretary of Justice, who shall immediately designate and authorize an attorney in his office to take charge of this case.
(2) The attorney so designated shall file a written petition with the proper Regional Trial Court of the province or city having jurisdiction of the place, with a prayer that the court take the request under consideration and shall attach to the petition all related documents. The filing of the petition and the service of the summons to the accused shall be free from the payment of docket and sheriff's fees.
(3) The Regional Trial Court with which the petition shall have been filed shall have and continue to have the exclusive power to hear and decide the case, regardless of the subsequent whereabouts of the accused, or the change or changes of his place of residence.
Immediately upon receipt of the petition, the presiding judge of the court shall, as soon as practicable, summon the accused to appear and to answer the petition on the day and hour fixed in the order. He may issue a warrant for the immediate arrest of the accused which may be served anywhere within the Philippines if it appears to the presiding judge that the immediate arrest and temporary detention of the accused will best serve the ends of justice. Upon receipt of the answer, or should the accused after having received the summons fail to answer within the time fixed, the presiding judge shall hear the ace or set another date for the hearing thereof. (Sec. 6).
Should the accused fail to appear on the date set for hearing, or if he is not under detention, the court shall forthwith issue a warrant for this arrest which may be served upon the accused anywhere in the Philippines. (Sec. 8).
Under Sec. 9, in the hearing, the provisions of the Rules of Court insofar as practicable and not inconsistent with the summary nature of the proceedings, shall apply to extradition cases, and the hearing shall be conducted in such a manner as to arrive as a fair and speedy disposition of the case.
Sworn statements offered in evidence at the hearing of any extradition case shall be received and admitted as evidence if properly and legally authenticated by the principal diplomatic or consular officer of the Republic of the Philippines residing in the requesting state.
Upon conclusion of the hearing, the court shall render a decision granting the extradition, and giving his reasons therefor upon showing of the existence of a prima facie case. Otherwise, it shall dismiss the petition.
The decision of the court shall be promptly served on the accused if he was not present at the reading thereof, and the clerk of the court shall immediately forward two copies thereof to the Secretary of Foreign Affairs through the Department of Justice. (Sec. 10 and Sec. 11).
The accused may, within 10 days from receipt of the decision of the Regional Trial Court appeal the decision, otherwise, it shall be final and immediately executory. The appeal shall stay the execution of the decision of the Regional Trial Court. (Sec. 12).
In case extradition of the same person has been requested by two or more states, the Secretary of Foreign Affairs, after consultation with the Secretary of Justice, shall decide which of the several requests shall be first considered, and copies of the former's decision thereon shall promptly be forwarded to the attorney having charge of the case, if there be one, through the Department of Justice. (Sec. 15).
After the decision of the court in an extradition case has become final and executory, the accused shall be placed at the disposal of the authorities of the requesting state or government, at a time and place to be determined by the Secretary of Foreign Affairs, after consultation with the foreign diplomat of the requesting state or government. (Sec. 16).
If extradition is granted, articles found in the possession of the accused who has been arrested may be seized upon order of the court at the instance of the requesting state or government, and such articles shall be delivered to the foreign diplomat of the requesting state or government who shall issue the corresponding receipt therefor. (Sec. 17).
Except when the relevant extradition treaty provides otherwise, all costs or expenses incurred in any extradition proceeding and in apprehending, securing and transmitting an accused shall be paid by the requesting state or government. The Secretary of Justice shall certify to the Secretary of Foreign Affairs the amounts to be paid by the requesting state or government on account of expenses and costs, and the Secretary of Foreign Affairs shall cause the amounts to be collected and transmitted to the Secretary of Justice for deposit in the National Treasury of the Philippines. (Sec. 18).
Section 20 provides for the procedures for provisional arrest:
(a) In case of urgency, the requesting state may, pursuant to the relevant treaty or convention and while the same remains in force; request for provisional arrest of the accused pending receipt of the request for extradition made in accordance with Section 4 of this Decree.
(b) A request for provisional arrest shall be sent to the Director of the National Bureau of Investigation, Manila, either through the diplomatic channels or direct by post or telegraph.
(c) The Director of the National Bureau of Investigation or any official acting on his behalf shall upon receipt of the request immediately secure a warrant for the provisional arrest of the accused from the presiding judge of the Regional Trial Court of the province or city having jurisdiction of the place, who shall issue the warrant for the provisional arrest of the accused. The Director of the National Bureau of Investigation through the Secretary of Foreign Affairs shall inform the requesting of the result of its request.
(d) If within a period of 20 days after the provisional arrest the Secretary of Foreign Affairs has not received the request for extradition and the documents mentioned in Section 4 of this Decree, the accused shall be released from custody.
(e) Release from provisional arrest shall not prejudice re-arrest and extradition of the accused if a request for extradition is received subsequently in accordance with the relevant treaty of convention.
Read also:
RP extradition treaty with only 10 states
By Veronica Uy
INQUIRER.net
First Posted 13:57:00 02/04/2010
MANILA, Philippines—As the government tries to proceed with the double-murder case against Senator Panfilo Lacson, INQUIRER.net learned that the country has an extradition treaty with only 10 states.
The United Nations has 192 members.
According to Foreign Affairs spokesman lawyer J. Eduardo Malaya, the Philippines has an extradition treaty with the following: Australia, Canada, China, Hong Kong, Indonesia, Korea, Micronesia, Switzerland, and Thailand.
Malaya, who also heads the Department of Foreign Affairs’ Office of Legal Affairs, said that under the usual extradition process, the requesting Department of Justice would ask the foreign authorities to extradite the subject person through a petition to be filed with the foreign courts.
“A summary hearing on whether or not to allow the extradition follows,” he said.
The subject is usually present in these proceedings, Malaya said, because “before the court assumes jurisdiction of the
case, the subject must be taken into its custody.”
He said these were the same procedures followed in previous extradition cases like that of Charlie “Atong” Ang, a co-accused in the plunder case against deposed president Joseph Estrada who was extradited back from the United States.
Lacson, who is charged with the murder of publicist Salvador “Bubby” Dacer and his driver Emmanuel Corbito, reportedly left the country to elude a warrant of arrest for the crime.
See:
http://globalnation.inquirer.net/news/breakingnews/view/20100204-251252/RP-extradition-treaty-with-only-10-states
RP may use extradition treaty to get Lacson
By Jerome Aning, TJ Burgonio
Philippine Daily Inquirer
First Posted 00:39:00 02/04/2010
MANILA, Philippines—The Philippine government may use “extraordinary measures” to have Sen. Panfilo Lacson brought back to the country should he refuse to face charges for the November 2000 Dacer-Corbito murders.
Justice Secretary Agnes Devanadera Wednesday cited these measures in the course of commenting on Lacson’s statement on Tuesday that he left the country because his indictment for the murders of publicist Salvador “Bubby” Dacer and driver Emmanuel Corbito was part of an “evil conspiracy” between Malacañang and the Department of Justice (DoJ).
As well, she said, the Philippine government could cancel Lacson’s passport so that he would be deported as an undocumented alien.
The opposition senator flew to Hong Kong on Jan. 5 and is purportedly now in Australia.
“He should come home” because “he has a level playing field in the court,” Devanadera told reporters in a press conference.
According to the justice secretary, the Philippine government may form a task force composed of members of the National Bureau of Investigation and Philippine National Police to request a foreign government to be allowed to serve a warrant that may be issued by the Manila Regional Trial Court for Lacson’s arrest.
She said the Philippines and Australia had an extradition treaty and that the Philippine government could invoke this, as well as mutual legal assistance pacts and international conventions.
Manila RTC Branch 18 Judge Myra Garcia Fernandez, who is hearing the double murder case, has yet to decide on Lacson’s earlier motion to defer the issuance of an arrest warrant.
‘Who, me?’
Devanadera bristled at Lacson’s claim that the DoJ was harassing him on Malacañang’s orders.
“Who in the DoJ is he referring to? Is it me? Can I harass him, a senator? What we did in the DoJ is just the regular preliminary investigation [of the case], where he was given all the opportunities to be heard,” she said.
Devanadera said Lacson had “no reason to complain” because he had availed himself of all legal processes, including questioning the authority of the DoJ to conduct the investigation, which the Court of Appeals later affirmed.
She added: “The court is not under the jurisdiction of the DoJ. Any allegation of harassment will not hold water. He has to prove his innocence in court and he is not prevented from availing [himself] of all the opportunities. There’s no arrest warrant yet. He should face his charges before the court, which is the right forum.”
Devanadera also directed a message to Lacson: “You have been elected a senator, a very high position in our government. We hope this matter will not find you somewhere else; we hope that you will face these charges so that your defense can be heard.
“Let’s not resort to ugly ways such as extradition. I believe you are honorable enough to face the charges in court and defend yourself.”
All legal means
At a briefing in Malacañang, Executive Secretary Eduardo Ermita also said the government would exhaust all legal means to have Lacson extradited once the warrant for his arrest is issued.
Ermita said among the “different ways to reach out to the subject of a warrant” was an extradition treaty.
“No. 2, the long arm of the law can be made to reach out to him through our connections, through … the Interpol, and the [Mutual Legal Assistance Treaty] with some countries,” he said.
At the NBI, lawyer Ricardo Diaz, chief of the bureau’s Counter Terrorism Unit and spokesperson, said no one there was pushing the panic button just yet because the court had yet to decide on whether to issue a warrant for Lacson’s arrest.
“I don’t see any problem if he decides to go anywhere else. It should not be a cause for alarm and panic. It’s his right because the court has not yet issued a warrant of arrest,” Diaz said.
“We will wait for the court’s decision first before we act on the situation.”
Diaz said that should the court order Lacson’s arrest, the NBI was ready to bring the senator back to the Philippines by means of extradition or with the help of the Interpol.
No threat
According to Ermita, Lacson “beat” the government by slipping out of the country before he could be put on the Bureau of Immigration watch list.
Ermita also scoffed at the senator’s claim that the administration had hatched a plot to harass and harm him.
“It’s just a suspicion. That’s just how he feels. The government, especially the executive branch, is not that callous as to be open and say, ‘Be careful because you’ve done us some wrong,’” he said.
“Over the nine years of the Arroyo administration, no one has been given such a threat or made to feel like he’s being stalked because he said something about the government. No one is out to do any harm to anybody.”
Ermita said he would not know what to do if he were in Lacson’s shoes.
“In the first place, not everyone has the same wherewithal as a person of the status of the senator. By wherewithal, I mean the resources to be able to do what he had done. An ordinary mortal may not have the resources to be able to anticipate that over the coming months, he can support himself if he’s out of the country.”
Fair treatment
Ermita said Lacson would be assured of tight government security and a fair chance “without any unnecessary interference from the executive branch” if the senator faces the charges.
“[He should come home] to prove that he has nothing to hide or be worried about,” Ermita said. “I can [guarantee] that as far as treatment of the good senator is concerned, he will be treated very fairly. And he knows that his security and safety will be assured, but [that] we can’t dictate on him.”
Even Cezar Mancao II, Lacson’s former police aide who implicated him in the murders, called on him to return.
“As a fellow former police officer, I am appealing to my former superior officer, Sen. Panfilo M. Lacson, to submit to the judicial process in proving his innocence, instead of fleeing the jurisdiction of the Philippine courts,” Mancao said in a statement issued through his lawyer, Ferdinand Topacio.
“The best way to prove his innocence is through the instrumentality of the courts which, under Philippine laws, incorporates numerous safeguards in favor of the accused. Flight has been, universally and since time immemorial, considered an indicator of guilt, even if one tries to justify it with allegations of persecution or harassment,” Mancao
said. With a report from Tina G. Santos
See:
http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20100204-251189/RP-may-use-extradition-treaty-to-get-Lacson
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