Extradition in the Philippines
The extradition procedure in the Philippines requires special close attention, as it can significantly and irrevocably change a person’s life. Received a red notice from Interpol, an extradition request, or an international arrest warrant? It is important to secure legal support from an experienced lawyer as quickly as possible.
Faced with the threat of extradition to the Philippines? Our lawyers are ready to provide professional legal support at every stage of the procedure: from assessing the legality of the request to defending your interests in court. We specialize in complex international cases, protect our clients’ rights, minimize risks, and ensure a fair trial. Trust our experts to preserve your freedom and protect your rights.
What is extradition?
Extradition – this is a legal process of transferring accused or convicted individuals for committing crimes from one country to another for criminal prosecution or execution of a sentence. This procedure is regulated by international treaties, national legislation, and principles of cooperation between states.
The basis for extradition is an accusation of committing a crime: the person is wanted for criminal proceedings if there is evidence of their involvement in the offense. If the person has already been convicted in another country and is evading the execution of the sentence, extradition allows for their return to serve the punishment.
Extradition is provided for serious crimes: murder, fraud, drug trafficking, financial crimes, terrorism, corruption, and others.In our previous materials, we talked about the features of extradition in Thailand, Australia, between UAE and USA, Italy and the USA, Antigua and the USA, Canada and the USA, from Mexico to the USA.
Legal framework for extradition in the Philippines
Extradition in the Philippines is regulated by national legislation and international agreements, which provide the legal basis for the surrender of convicted individuals.
The Philippine Extradition Law is Presidential Decree No. 1069, enacted in 1977. This law governs the procedure of extradition between other countries with which there are existing extradition treaties. It is aimed at promoting international cooperation in combating crime.
Key provisions of the law:
- Extradition is carried out only for offenses that are criminally punishable in both jurisdictions (the principle of double criminality);
- Extradition is possible only for crimes punishable by imprisonment for a term of at least 1 year;
- A person may be extradited only upon the request of a foreign state with which the Philippines has a valid treaty;
- The requesting party must provide sufficient evidence to justify the extradition;
- A person cannot be extradited if they have already been convicted or acquitted for the same actions in the Philippines or another jurisdiction;
- If the statute of limitations for criminal prosecution has expired in the requesting country or under the laws of the Philippines, extradition may be denied;
- Extradition should not be used as a tool for political pressure or persecution.
The Philippines is also a party to a number of extradition agreements and a participant in multilateral conventions regulating issues of extradition and cooperation in the field of criminal law.
Bilateral Extradition Treaties
Bilateral extradition treaties are agreements between two states that regulate the process of transferring individuals accused or convicted of crimes for prosecution or execution of a sentence. These treaties form the basis of international cooperation in combating crime and provide legal clarity and mutual obligations between countries.
Contracts establish clear rules and procedures that the parties commit to follow, simplifying the process of transferring individuals between countries. Extradition agreements help prevent criminals from hiding, combat transnational crime, and ensure equal obligations for both parties.
The Philippines has concluded extradition treaties with Australia, Canada, the Federated States of Micronesia, Hong Kong, Indonesia, the Republic of Korea, Switzerland, the United States, and the Kingdom of Thailand. Additionally, the country has mutual legal assistance treaties in criminal matters with Australia and the United States.
The requesting country must provide evidence confirming the existence of an arrest warrant or a court decision regarding the wanted person. It must also guarantee that extradition does not violate human rights and will be used strictly within the framework of criminal proceedings.
Countries without an Extradition Treaty with the Philippines
Non-Extradition Countries – these are states that do not have active bilateral agreements with another country, in this case with the Philippines. This means that the process of transferring wanted persons in such countries is either impossible or seriously complicated. Such jurisdictions can serve as a refuge for individuals seeking to avoid criminal prosecution in other countries.
The reasons for the absence of extradition agreements may include the lack of diplomatic relations, irreconcilable political disagreements between countries, differences in legal systems, a prohibition on extraditing one’s own citizens, the risk of human rights violations, and others.
Among the countries with which the Philippines lack formal extradition agreements, the following can be highlighted:
- Cuba
- Maldives
- North Korea
- Mongolia
- Ethiopia
- Somalia
- Afghanistan
- Belarus
- Cambodia
- Eritrea
- Haiti
- Iran
- Iraq
- Laos
- South Sudan
- Syria
- Tajikistan
- Turkmenistan
- Uzbekistan
- Vatican
- Argentina
- Bolivia
- Brazil
- Venezuela
- Vietnam
- Guatemala
- Egypt
- India
- Qatar
- Lebanon
- Malaysia
- Paraguay
- Saudi Arabia
However, it should be taken into account that extradition can be carried out even in the absence of an official agreement. Countries can engage in direct negotiations at the diplomatic level regarding the extradition of a specific individual. If the states are parties to multilateral conventions, they can also use their provisions for the extradition of certain individuals.
The Extradition Process in the Philippines
The process begins with an official request. It must be prepared in accordance with the provisions of the bilateral extradition treaty or other applicable international agreements.
Requirements for the request:
- Description of the crime for which the person is wanted;
- Exact data on the wanted person;
- Copies of the arrest warrant or sentence;
- Evidence confirming the involvement of a person in the crime.
The request is transmitted through diplomatic channels (usually through the Ministry of Foreign Affairs). After receiving the request, the Department of Justice (DOJ) conducts a preliminary review:
- Checks compliance with the conditions of extradition specified in the contract or law;
- Clarifies whether the crime falls under the principle of double criminality;
- Analyzes whether the request contains political motives or human rights violations.
In the case of full compliance, the Ministry of Justice initiates a formal extradition procedure. The case is transferred to the Regional Trial Court, RTC. The judge may issue a warrant for the temporary arrest of the individual while the case is under review. This is required to prevent the fugitive from escaping.
The court’s decision is sent to the President of the Philippines, who has the authority to approve or reject the extradition. After approval by the President, the extradition decision comes into effect. The individual is handed over to representatives of the requesting country.
Reasons for Refusal of Extradition in the Philippines
Extradition may be denied in a number of cases:
- The political nature of the crime. Extradition is impossible if the case has political motivation: protests and uprisings, opposition activities, treason, or incitement to rebellion. An exception is made for terrorist acts that fall under international agreements;
- The threat of human rights violations. If there is a risk that the extradited person will be subjected to torture, inhuman or degrading treatment, or an unfair trial, the extradition will be denied;
- The application of the death penalty. In the Philippines, a moratorium on the death penalty has been in effect since 2006. If the requesting country prescribes the death penalty for the committed crime, the request will be denied;
- The absence of double criminality. Extradition is possible only if the act is recognized as a criminally punishable offense in both jurisdictions;
- Request regarding private matters. The Philippines reject requests related exclusively to private lawsuits or civil cases: breach of contracts, debt disputes, and others. Extradition applies only to criminal offenses;
- Discriminatory motives. Extradition is not permissible if the person is being sought for the following reasons: race, political views, religious beliefs, national or ethnic origin;
- Statute of limitations. If the statute of limitations for initiating criminal proceedings or enforcing a sentence has expired in one of the jurisdictions, extradition is impossible;
- Citizenship. In most cases, the Philippines does not extradite its citizens. A possible alternative is legal proceedings in the Philippines for crimes committed abroad;
- Insufficient evidence. Authorities may reject the request if the other party has not provided sufficient evidence confirming the individual’s involvement in the crime.
If you are under the threat of extradition and want to appeal the request, our team of experienced lawyers is ready to provide qualified legal support.
Contact our Extradition Lawyers in the Philippines
An experienced extradition attorney will ensure the protection of your interests at every stage of the process, including court proceedings, document preparation, and appealing decisions.
Our law firm offers a full range of services for extradition cases. We specialize in complex international disputes and are ready to provide professional support in the following areas:
- Assessment of the legality of the request: qualified lawyers will verify whether the request complies with the requirements of Philippine law and international treaties. Then we will analyze all possible grounds for appealing the issuance;
- Preparation of documents: we will draft the necessary procedural documents for the court and government authorities. We represent your interests when filing motions to dismiss a request or change a preventive measure;
- Defense in court: experienced attorneys will represent the client’s interests at court hearings where the justification for extradition is being considered. We challenge the presented evidence, pointing out its insufficiency or procedural violations;
- Appealing decisions: if the court has made a decision on extradition, our lawyers are ready to file an appeal or turn to higher authorities to protect your rights;
- Consultations: exploring the possibility of deportation, conducting legal proceedings in the territory of the Philippines, or other alternative options.
We guarantee that all aspects of your case will be handled with the utmost confidentiality and professionalism.
Contact us right now to receive an initial consultation and develop an effective appeal strategy. We will make every effort to protect your rights, prevent unwanted extradition, and ensure a fair case review.
