Republic of the Phil
HOUSE OF REPRESENTA’
Quezon City, Metro Manila

Thirteenth Congress
First Regular Session

163

HOUSE BILL NO.

Introduced by Honorable Constantino G. Jaraula

EXPLANATORY NOTE

This bill was filed with the 12" Congress as House Bill No. 5254, with the
following Explanatory Note

The controversy surrounding the Supreme Court decision annulling the RTC
Order granting bail and canceling the bail bond of P1,000,000.00 for the provisional
liberty of Cong. Mark Jimenez. has generated so much hatred and emotionalism, rising to
the crescendo of some members of the Supreme Court

“It is imperative that the matter be approached coolly, dispassionately, and
reasonably. ‘This is no time to trifle with constitutional processes, and neither is it time to
ignore or violate any constitutional provision or principle.

“The ‘extradition proceeding’ under which the legal issues that reached the
Supreme Court were litigated was and is based on Presidential Decree No. 1069 issued on
January 13, 1977, at the height of Martial Law or Rule. In fact, the authority to issue the
same arose from the most contemptible ‘Amendment No.6 of 1976’,

“Understandably, and immediately, there are infirmitics that assail the fundamental
law, the Constitution,

“Long embraced and long defended under our democratic system is the
fundamental guarantee of DUE PROCESS, under Section 1 of Article Il, and throughout
the various provisions of the Constitution.

“find no due process in the immediate arrest of a Filipino citizen, residing in his
own country, by virtue of a request therefor by a foreign government or state pursuant to
an Extradition Treaty, while the proper Court is still determining whether or not he/she is
extraditable under the provisions of the said treaty. I find no due process in the immediate
seizure of any and all articles in his person during his arrest, upon request therefor by a
foreign government or state without determining the relevance thereof to the crime ot cries
for which he/she is sought to be extradited. There are more.



O

“There is a substantial justification for treating a resident citizen of the Philippines
ferently from a foreigner, especially one who is a citizen from the requesting state. ‘The
ino has every right to reside in the Philippines. Why will he be deprived of his liberty
of property throughout the period devoted to the determination of his being extraditable
under a particular treaty, the proceeding for which may take some time?

“And there is no logic or reason to assume or presume that the Filipino citizen is in
his own country to avoid responsibility abroad or evade prosecution of any crime therein.

“Consequently, it is imperative that certain provisions of PD 1069, violative of or

inconsistent with the foregoing doctrines and principles be amended. Thi the Principal
objective of this Bill. And it may in fact prevent what others fear to happen -
constitutional crisis. It must therefore be acted upon with dispatch by this Twelfth
Congress.”

In view of the foregoing, approval of this bill, which was fil
Congress but was not acted upon at the time of its adjou ig earnestly
recommended,



Republic of the Philippines
HOUSE OF REPRESENTA
Quezon City, Metro Manila

Thirteenth Congress

Introduced by Honorable Constantino G. Jaraula

AN ACT
AMENDING PRESIDENTIAL DECREE NO. 1069, KNOWN AS THE
“PHILIPPINE EXTRADITION LAW”, RATIONALIZING THE EXTRADITION
PROCEEDINGS.

SECTION 1. Section 2, paragraph (a) of PD 1069 is hereby amended and shall
read as follows:

“(a) “Extradition” - The [removal of an accused from the Philippines] tura-over
of the extraditable person or persons, pursuant to a treaty, to the designated
authorities of the requesting state, 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.”

SECTION 2. Section 6, paragraph (1) of PD 1069 is hereby amended and shatl
read as follows:

“SECTION 6. Issuance of Summons; Temporary Arrest; Hearing, Service of
Notices.- (1) Immediately upon receipt of the petition, the presiding judge of the proper
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, who is not @ resident citizen of the Philippines, which may be
served any where within the Philippines it if appears to the presiding judge that the
immediate arrest and temporary detention of the alien accused wilt best serve the ends of
justice.

“(b) Im the case of » resident citizen of the Philippines no warrant of arrest
issue before a final determination that such citizen is extraditable, except when
he/she shall have failed to appear in person or through counsel, in any hearing after
being properly summoned and due notice therefor ha been served, or when
he/she Is being sought to be extradited on the basis of a final conviction by a court of
the requesting state or government.”



“(c) 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 case or sct
another date for the hearing thereof.”

SECTION 3. Section 17 of PD 1069 is hereby amended and shall read as follows:

“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,
provided that such articles are alleged to have intimate relation to or are the
prodects of the crime or crimes for which the accused is sought to be extradited and
there is reasonable ground to believe this to be true, and such articles shall be delivered
to the foreign diplomat of the requesting state or government who shall issue the
corresponding receipt therefor.”

SECTION 4. Section 20, paragraphs (a) and (b) of PD 1069 are hereby amended
and shall read as follows:

“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 the provisional arrest of the accused who Is not a resident citizen of the Philippines,
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 Secretary of the
Department of Foreign Affairs, or any official acting in his behalf, who, after being
satisfied with his evaluation thereof, shall transmit the same to the Director of the
National Bureau of Investigation, Manila, for execution.” {either through the diplomatic
channels or direct by post of telegraph.”]

Section 7. Effecti 1 - This Act shall take effect fifteen (15) days after
publication in at least two newspapers of general circulation.

Approved,