DEPARTMENT OF JUSTICE 7
OFFICE OF THE CHIEF STATE COUNSEL (LEGAL STAFF)
PROCESSING OF EXTRADITION REQUESTS
i
(Philippines as Requested State) i
i
I
Procedure!
Action Required |
4_| The Office of the Chief State Counsel (OCSC) receives and logs the request.”
2 | The Chief State Counsel (CSC) assigns the request to at least! two (2) State
Counsels (SCs). :
3 | SCs evaluate the request and supporting documents. |
4 | if in order, SCs draft the petition for extradition."* i
not in order, SCs draft communication requiring compliance with| requirements,
or denying the request, as the case may be. H
6 | SSC-in-Charge reviews the draft action document and returns the same to the
SCs for finalization.*** f
7 | SCs prepare the final draft action document, initial (or affix signature Faction is
for filing of petition for extradition) and forward it to the SSC-in-Charge.
8 | SSC-in-Charge signs the petition for extradition and forwards it to the CSC for
signature. !
‘SSC-in-Charge initials the final draft action document requiring compliance with
requirements, or denying the request, and forwards it to the CSC for signature
(or initials, if action document is for signature of SOJ). i
9 | CSC reviews/signs the petition for extradition. |
CSC reviews/signs the final draft action document requiring compliance with
requirements. i
CSC Teviews/initials the action document denying the request (oF signs the
action document), ****
40 | OCSC files the petition for extradition. T
OCSC releases to the Records Section the signed action document requiring
compliance with the requirements.
OCSC releases to OSEC the final draft action document denying|the extradition
request for review/signature of SOJ (if CSC is the signatory, releases to the
Records Section the signed action document denying the extradition request).
"There are instances where requests are received at the OSEC, in which case,
request is referred to the OCSC, |
* OCSC secures authorization from SOJ, thru a Department Order, designating the
SCs, SSC-in-Charge and CSC to handle the extradition request/case, including
representing the interests of the requesting State in court. |
*** Some action documents submitted first as draft to the CSC prior finalization.
“*** CSC may sign an action document denying a request for ertradten.DEPARTMENT OF JUSTICE
OFFICE OF THE OFFICE STATE COUNSEL (LEGAL STAFF)
i
PROCESSING OF EXTRADITION REQUESTS |
(Philippines as Requesting State) i
Procedure!
Action Required i
‘The Office of the Chief State Counsel (OCSC) receives and logs the request *
‘The Chief State Counsel (CSC) assigns the request to a State Counsel (SC). |
‘SC evaluates the request and supporting documents. i
If in order, SC drafts the request for extradition and other required action
Gocuments (¢.g., Certfications, transmittal letter), and prepares the supporting
documents. i
If not in order, SC drafts communication requiring compliance with requirements,
or denying the request. |
5 | SSC-in-Charge reviews the draft action document and returns tha same to the
SC for finalization.**
& | SC prepares and initials the final draft action document (or affixes signature, F
action is for submission of extradition request) and forwards it to the|SSC-in-
Charge. !
7 | SSC-in-Charge initials the final draft action document and forwards the same to
the OCSC for signaturerinitial of the CSC. |
8 | CSC reviews/nitials the action document requesting extradition, or deriving the
request. .
OSC reviewsisigns the “acon document requiring compliance with the
requirements. '
9 | OCSC forwards to OSEC the action document requesting extradition, or, denying
the request, for review/signature of SOJ (if CSC is signatory, releases to the
Records Section the signed action document). *** [
OCSC releases to the Records Section the action document fequiring
compliance with the requirements.**** |
asfes|ro| |
10] SOJ reviews/signs the action document requesting extradition, or denying the
request i
11 | OSEC releases to OCSC the signed action document. :
12] OCSC transmits to the Embassy of the requested State/Department of Foreign
Affairs (DFA) the extradition request and its supporting documents for
authentication.*****
OCSC releases to the Records Section the action document denying the
Tequest for extradition, |
* There are instances where requests are received at the OSEC, in which case,
request is referred to the OCSC. !
** Some action documents submitted first as draft to the CSC Prior to finalization by
the SC.
“** CSC may sign action document denying the request for extradition. i
“"™ Authentication process under step 12 applies when required under the
applicable extradition treaty. ;
First Division September 19, 2018 G.R. No. 230861 Asian Transmission Corporation, Petitioner Commissioner of Internal Revenue, Respondent Decision Bersamin, J.