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PRESIDENTIAL DECREE NO. 1069
PRESIDENTIAL DECREE NO. 1069 -
PRESCRIBING THE PROCEDURE FOR THE EXTRADITION OF PERSONS WHO HAVE
COMMITTED CRIMES IN A FOREIGN COUNTRY
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chanroblesvirtualawlibrary
WHEREAS,
under the Constitution the Philippines adopts the generally accepted
principles of international law as part of the law of the land, and
adheres to the policy of peace, equality, justice, freedom, cooperation
and amity with all nations; chanroblesvirtualawlibrary
WHEREAS, the suppression of crime is the concern not only of the estate
where it is committed but also of any other state to which the criminal
may have escaped, because it saps the foundation of social life and is
an outrage upon humanity at large, and it is in the interest of
civilized communities that crimes should not go unpunished;chanroblesvirtualawlibrary
WHEREAS, is recognition of this principle the Philippines recently
concluded as extradition treaty with the Republic of Indonesia, and
intends to conclude similar treaties with other interested countries;chanroblesvirtualawlibrary
WHEREAS, there is need for rules to guide the executive department and
the courts in the proper implementation of the extradition treaties to
which the Philippines is a signatory.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree the following:cralaw:red
Section 1. Short-Title. — This Decree shall be known
as the "Philippine Extradition Law".
Section 2. Definition of Terms. — When used in this
law, the following terms shall, unless the context otherwise indicates,
have meanings respectively assigned to them:cralaw:red
(a) "Extradition" — 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.
(b) "Extradition Treaty or Convention" — An
extradition agreement between the Republic of the Philippines and one
or more foreign states or governments.
(c) "Accused" — The person who is, or is suspected
of being, within the territorial jurisdiction of the Philippines, and
whose extradition has been requested by a foreign state or government.
(d) "Requesting State or Government" — The foreign
state or government from which the request for extradition has
emanated.
(e) "Foreign Diplomat" — Any authorized diplomatic
representative of the requesting state or government and recognized as
such by the Secretary of Foreign Affairs.
(f) "Secretary of Foreign Affairs" — The head of the
Department of Foreign Affairs of the Republic of the Philippines, or in
his absence, any official acting on his behalf or temporarily occupying
and discharging the duties of that position.
Section 3. Aims of Extradition. — Extradition may be
granted only pursuant to a treaty or convention, and with a view to:cralaw:red
(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 chanroblesvirtualawlibrary
(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. Request; By whom made; Requirements. —
(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:cralaw:red
(a) The original or an authentic copy of either —chanroblesvirtualawlibrary
(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; chanroblesvirtualawlibrary
(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. Duty of Secretary of Foreign Affairs;
Referral of Request: Filing of Petition. — (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 these case.
(2) The attorney so designated shall file a written
petition with the proper Court of First Instance 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 Court of First Instance 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.
Section 6. Issuance of Summons; Temporary Arrest;
Hearing, Service of Notices. — (1) 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. We may issue a warrant for the
immediate arrest of the accused which may be served any where 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. chanroblesvirtualawlibrary
(2) The order and notice as well as a copy of the
warrant of arrest, if issued, shall be promptly served each upon the
accused and the attorney having charge of the case.
Section 7. Appointment of Counsel de Oficio. — If on
the date set for the hearing the accused does not have a legal counsel,
the presiding judge shall appoint any law practitioner residing within
his territorial jurisdiction as counsel de oficio for the accused to
assist him in the hearing.
Section 8. Hearing in Public; Exception; Legal
Representation.—
(1) The hearing shall be public unless the accused
requests, with leave of court, that it be conducted in chamber.
(2) The attorney having charge of the case may upon
request represent the requesting state or government throughout the
proceeding. The requesting state or government may, however, retain
private counsel to represent it for particular extradition case.
(3) 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. chanroblesvirtualawlibrary
Section 9. Nature and Conduct of Proceedings. — (1)
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.
(2) 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.
Section 10. Decision. — 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.
Section 11. Service of Decision. — 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.
Section 12. Appeal by Accused; Stay of Execution. —
(1) The accused may, within 10 days from receipt of
the decision of the Court of First Instance granting extradition,
appeal to the Court of Appeals, whose decision in extradition cases
shall be final and immediately executory.
(2) The appeal shall stay the execution of the
decision of the Court of First Instance. chanroblesvirtualawlibrary
Section 13. Application of Rules of Court. — The
provisions of the Rules of Court governing appeal in criminal cases in
the Court of Appeals shall apply in appeal in Extradition cases, except
that the parties may file typewritten or mimeograph copies of their
brief within 15 days from receipt of notice to file such briefs.
Section 14. Service of Decision of Court of Appeals.
— The accused and the Secretary of Foreign Affairs, through the
Department of Justice, shall each be promptly served with copies of the
decision of the Court of Appeals.
Section 15. Concurrent Request for Extradition. — 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.
Section 16. Surrender of Accused. — 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.
Section 17. Seizure and Turn Over of Accused
Properties. — 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. chanroblesvirtualawlibrary
Section 18. Costs and Expenses; By Whom Paid. —
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.
Section 19. Service of Court Processes. — All
processes emanating from the court in connection with extradition cases
shall be served or executed by the Sheriff of the province or city
concerned or of any member of any law enforcement agency;chanroblesvirtualawlibrary
Section 20. 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 Court of First Instance
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.
Section 21. Effectivity. — this Decree shall take
effect immediately and its provisions shall be in force during the
existence of any extradition treaty or convention with, and only in
respect of, any foreign state or government.
DONE in the City of Manila ,
this 13th day of January in the Year of Our Lord nineteen hundred and
seventy-seven.
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