i4‘” CONGRESS OF THE 
1 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S.B.No. 793 
7 ‘f!L -3 
. .2 
! 
Introduced by Senator Ramon Bong Revilla, Jr. 
EXPLANATORY NOTE 
This bill seeks to revise P.D. No. 1069, otherwise known as, the “Philippine 
Extradition Law“ (1975), which provides for the procedure for the extradition of persons 
who have committed crimes in a foreign countly, by rectifying the flaws in said law. 
Certain inadequacies of the law have caused delays in extradition proceedings here in the 
Philippines. 
The foregoing bill also encompasses the procedure in the preparation of request 
for extradition by the Philippine Government and in securing from the foreign state or 
government the persons who have committed crimes in the Philippines who have been 
adjudged as extraditable. 
Presently, the Philippines has Extradition Treaties with Indonesia, Thailand, 
Canada, Australia, South Korea, Switzerland, Micronesia, Hong Kong and the U.S.A. 
The approval of this hill is strongly urged to ensure the proper guidance of the 
State parties in the extradition process 


I' ' 
14th CONGRESS OF THE 
7 
&f- 
.-? 
,.: .; 
' ~ '  
i 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
1 
I 
SENATE 
S.B. No. 
793 
Introduced by Senator Ramon Bong Revilln, Jr. 
AN ACT 
PRESCRTBING THE PROCEDURE FOR THE IMPLEMENTATION OP 
EXTRADITION TREATIES BETWEEN THE PHILIPPINE GOVERNMENT 
AND A POREIGN COUNTRY, AND APPROPRIATING FUNDS THEREFOR 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION I. title. -This law shall be known as the "Revised Philippine 
Extradition Law." 
SECTION 2. Definition of Terms, - For purposes of this Act, the following terms 
are defined as follows: 
(a) Extradition - The removal of an accused from the requested State with the object of 
placing him at the disposal of the authorities of the requesting state to enable the latter to 
hold him in connection with any criminal investigation or prosecution 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 requested state and whose extradition has been requested by a state or 
government. 
(d) Requesting State or Government - The state or government Erom 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 of the 
requested state. 
(Q 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. 
(6) Secretary of Justice - The head of the Department of Justice of the Republic of the 
Philippines. 
SECTION 3. Aims of Extradition, - Extradition may be granted only pursuant to 
existing treaty or convention, and with a view to: 
(a) A criminal investigation or prosecution instituted by authorities of the 
requesting state or government charging the accused with an offense punishable 


under the laws both of the foreign state or government and the Republic of the 
Philippines by imprisonment or other form of deprivation of liberty for a period 
stipulated in the relevant extradition, treaty or convention; or 
(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. - (I) When the requesting 
state is the Republic of the Philippines - The request shall be made by the Secretary of 
Foreign Affairs addressed to the Foreign Diplomat by the requested state together with all 
the documents required hereunder prepared by the Department of Justice; (2) When the 
requesting state is the Foreign State the request shall be made by its Diplomat, addressed 
to the Secretary of Foreign Affairs, and shall be accompanied by: 
(a) The original or an authentic copy of either - (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 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 
requested state, if known, the acts or omissions complained of, and the time and 
place of the commission of these acts; 
(c) The text of the applicable law or 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 ofsecrefary of Foreign Affairs; Referral of Requests by the 
foreign state or government; Filing ofpetition. - (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 the case. 
Request made by the Republic of the Philippines shall originate fi-om the 
Secretary of Justice who shall forward the same together with all the documents as 
abovementioned in Sec. 4 to the Secretary of Foreign Affairs. 
(2) The attorney so designated shall file a written petition with the proper 
Regional Trial Court of the province or city (having jurisdiction of the place) where the 
accused may be found 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 
sheriffs fees. 
(3) The Regional Trial Court with which the petition shall have been filed shall 
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. Concurrent Requests 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 7’. Provisio??al 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, pending receipt of the request for 
extradition made in accordance with Section 4 of this Decree. 
(h) A request for provisional arrest by a state or government shall he 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 Regional Trial Court of 
the province or city where the accused may be found 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 state of the result of 
its request. 
(d) If within a period of twenty (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 rearrest and extradition of 
the accused if a request for extradition is received subsequently in accordance with the 
relevant treaty or convention. 
SECTION 8. Procedure in Court for the Extradition of Persons who hale 
committed crimes in n foreign country is hereby governed by the followi?igprovisio~~s: 
(1) Issuance of Summons; Temporary Arrest; Hearing, Service of Notices. - 
Immediately upon receipt of 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. He may issue a warrant for the immediate arrest of the accused which 
may he served anywhere 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 case or 
set another date for the hearing thereof 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 in charge of the case. 
(2) Bail. - The provisions ofthe Rules of Court governing hail shall apply to bail 
in extradition cases; Provided, that in case the accused will be admitted to hail, the Court 
shall issue first a Hold-departure Order to the Bureau of Immigration. 
(3) Appointment of Counsel de Officio. - 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 oMicio for the accused 
to assist him in the hearing. 
(4) Hearing in Public, Exception; Legal Representation. - The hearing shall be 
public unless the accused requests with leave of court that it he conducted in chamber. 
The attorney having charge of the case may upon request represent the requesting state or 
government throughout the proceedings. The requesting state or government may, 
however, retain private counsel to represent it for a particular extradition case. 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 his arrest which may he served upon the accused 
anywhere in the Philippines. 


(5) Nature and Conduct of Proceedings. 
(a) 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 
at a fair and speedy disposition of the case. 
(b) Sworn statements offered in evidence at the hearing of any extradition case 
shall be admitted as evidence if properly and legally authenticated by the principal 
diplomatic and consular oficer of the Republic of the Philippines residing in the 
requesting state. 
(6) Decision. - Upon conclusion of the hearing, the court shall render a decision 
granting the extradition, and giving his reasons therefore, upon showing of the existence 
of a prima facie case. Otherwise, it shall dismiss the petition. 
(7) Service of Decision. - The decision of the court shall be promptly served on 
the accused if he was not present at the hearing thereof, and the clerk of court shall 
immediately forward two copies thereof to the Secretary of Foreign Affairs through the 
Department of Justice. 
(8) Appeal by Accused; Stay of Execution. - 
(a) The accused may, within ten (IO) days from receipt of the decision of the 
Regional Trial Court granting extradition, appeal to the Court of Appeals, whose 
decision in extraction cases shall he final and immediately executory. 
(b) The appeal shall stay the execution of the decision to the Regional Trial Court. 
(9) Application of Rules of Court. - The provisions of the Rules of Court 
governing appeal in criminal cases in the Court of Appeals shall apply to appeal in 
extradition cases. (IO) Service ofDecision 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 9. Surrender ofrlccused. - If extradition is granted, and 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 IO. Sehre and Turn Over of Accused's Propdies. - Articles found in 
the possession of the accused to be extradited and 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 Department of Foreign Affairs which shall issue the 
corresponding receipt therefore. 
SECTION 11. Costs and Expenses; By ?+%om 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. When the requesting state is the foreign state or 
government - the Secretary of Justice shall certify to the Secretary of Foreign Affairs the 
amount 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 12. For the above said costs and expenses, when the Philippines is the 
requesting state, the amount of One Million Pesos (PI, 000, 000.00) is hereby 


appropriated yearly from the General Fund to be administered by the Department of 
Justice. 
SECTION 13. All laws, particularly P.D. No. 1069, orders and decrees 
inconsistent herewith are hereby modified or amended, accordingly. 
SECTION 14. E8ectivzty. - This law shall take effect fifteen (15) days following 
its publication in two (2) national papers of general circulation. 
Approved,