POLITICAL LAW REVIEW

TITLE: SECRETARY OF JUSTICE VS LANTION GR139465, JAN 18, 2000 MELO,J.: FACTS: The Department of Justice (DOJ) received from the Department of Foreign Affairs a request for the extradition of Mark Jimenez (MJ) to the US. Documents for said extradition (warrant of arrest, etc..) were attached along with the request. Charges against MJ were as follows: conspiracy, attempt to evade tax, false statement or entry, election contributions in the name of another. The DOJ then proceeded with the technical evaluation and assessment of the extradition treaty. MJ then requested for copies of all the documents included in the extradition request however the Secretary of Justice denied request on the following grounds: 1. Premature to secure him copies prior to the completion of the evaluation. The DOJ is still evaluating whether the procedures and requirements under the relevant law (PD 1069Philippine Extradition Law) and treaty (RP-US Extradition Treaty) have been complied with by the Requesting Government. 2. The U.S. requested for the prevention of unauthorized disclosure of the information in the documents. MJ filed in the RTC-Manila for petition of mandamus, certiorari, and prohibition insisting on his constitutional right to due process (right to be furnished the request and supporting papers, right to be heard which consists in having a reasonable period of time to oppose the request, and to present evidence is support of the opposition). The RTC ruled in favor of the MJ. Secretary of Justice was made to issue a copy of the requested papers, as well as conducting further proceedings.

Thus this petition, arguing that Honorable Lantion (Presiding Judge of RTC Manila) acted without or in excess of jurisdiction or with grave abuse of discretion in making such orders. ISSUE/s: 1. WON MJ is entitled to notice and hearing during the evaluation stage of the proceedings. 2. Would MJs entitlement to notice and hearing during the evaluation stage of the proceedings constitute a breach of the legal duties of the Philippine Government under the RPExtradition Treaty? HELD: 1. Yes. The evaluation process made by the DOJ sets the wheels for the extradition process which may ultimately result in the deprivation of the liberty of the prospective extradite. A favorable action in an extradition request exposes a person to eventual extradition to a foreign country, thus exhibiting the penal aspect of the process. The evaluation process itself is like a preliminary investigation since both procedures may have the same result the arrest and imprisonment of the respondent. Clearly, theres an impending threat to a prospective extraditees liberty as early as during the evaluation stage. Thus, the extraditee must be accorded due process rights of notice & hearing. The SC ruled that the private respondent be furnished a copy of the extradition request and its supporting papers and to give him a reasonable period of time within which to file his comment with supporting evidence. 2. In this case, there exists a clear conflict between the obligation of the Philippine Government to comply with the provisions of the treaty (granting due process to the extradition case causes delay in the extradition process) and its equally

AQUINO.BANGI.CAEG.DE GUZMAN.EBORA.GAVINO.GOZOS.HERNANDEZ.HERRERA.HIZON.ISIDRO.LAGRAMADA.LASALA.MAGRATA. MAGPANTAY.MALAMUG.MIOLE.PABLO.PACETE.POSTRADO.RAMOS.TOLENTINO.VILLANO.VILLANUEVA.YAP.YU 2010-2011

POLITICAL LAW REVIEW

significant role of protection of its citizens of its right of due process. The doctrine of incorporation is applied whenever municipal tribunals are confronted with situations in which there appears to be a conflict between a rule of international law and the provisions of the constitution or statute of the local state. Efforts should be done to harmonize them. In a situation, however, where the conflict is irreconcilable and a choice has to be made between a rule of international law and municipal law, jurisprudence dictates that municipal law should be upheld by the municipal courts. The doctrine of incorporation decrees that rules of international law are given equal standing, but are not superior to, national legislative enactments. In this case however, there is no conflict between international law and municipal law. The United States and the Philippines share a mutual concern about the suppression and punishment of crime in their respective jurisdictions. At the same time, both States accord common due process protection to their respective citizens. In fact, neither the Treaty nor the Extradition Law precludes the rights of due process from a prospective extradite. Kapunan, separate concurring opinion: While the evaluation process conducted by the DOJ is not exactly a preliminary investigation of criminal cases, it is akin to a preliminary investigation because it involves the basic constitutional rights of the person sought to be extradited. A person ordered extradited is arrested, forcibly taken from his house, separated from his family and delivered to a foreign state. His rights of abode, to privacy, liberty and pursuit of happiness are taken away from hima fate as harsh and cruel as a conviction of a criminal offense. For this reason, he is entitled to have access to the evidence against him and the right to controvert them.

Panganiban, dissenting: There are essentially 2 stages in extradition: 1. Preliminary or evaluation stage (where the executive authority of the requested state ascertains whether the extradition request is supported by the documents and information required under the extradition treaty) and 2. The extradition hearing. This instant petition refers only to the first stage which generally does not include the grant of notice and hearing to the prospective extraditee. The evaluation stage is essentially ministerial wherein there is merely an ascertainment of whether the extradition request is accompanied by proper requirements set forth by extradition laws and treaties. In the case at bar, there is really no threat of any deprivation of his liberty at the present stage of the extradition process. His requests will constitute over-due process and unnecessarily delay the proceedings. Puno, dissenting: In extradition proceedings, there is no accused and the guilt or innocence will not be passed upon by our executive officials nor by the extradition judge. Hence constitutional rights that are only relevant to determine the guilt and innocence of an accused cannot be invoked by an extraditee. Case at bar does not involve guilt or innocence of an accused but the interpretation of an extradition treaty where at stake is our governments international obligation to surrender to a foreign state a citizen of its own so he can be tried for an alleged offense committed within that jurisdiction.

AQUINO.BANGI.CAEG.DE GUZMAN.EBORA.GAVINO.GOZOS.HERNANDEZ.HERRERA.HIZON.ISIDRO.LAGRAMADA.LASALA.MAGRATA. MAGPANTAY.MALAMUG.MIOLE.PABLO.PACETE.POSTRADO.RAMOS.TOLENTINO.VILLANO.VILLANUEVA.YAP.YU 2010-2011