THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 
First Regular Session 
) 
, 
SENATE 
S. No. 
Introduced by Senator Franklin M. Drilon 
EXPLANATORY NOTE 
This bill seeks to rkvise 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 country, 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 bill is strongly urged to ensure the proper guidance of 
the State parties in the extradition process. 


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THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
:3 
First Regular Session 
) 
S. No. 
Introduced by Senator Franklin M. Drilon 
AN ACT 
PRESCRIBING THE PROCEDURE FOR THE 
IMPLEMENTATION OF EXTRADITION TREATIES BETWEEN 
THE PHILIPPINE GOVERNMENT AND A FOREIGN COUNTRY, 
AND APPROPRIATING FUNDS THEREFOR 
Be it enacted by the Senate and the House of Representatives of the 
Phil@pines in Congress assembled: 
SECTION I. ntle. -This law shall be known as the "Revised Philippine 
Extradition Law." 
SECTION 2. 
Definition of Terms, - For purposes of this Act, the 
followiqg terms are defined as follows: 
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. 
Extradition Treaty or Convention - An extradition agreement between 
the Republic of the Philippines and one or more foreign states or 
govern men ts . 
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. 
Requesting State or Government - The state or government from 
which the request for extradition has emanated. 
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. 
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. 
(9) Secretary of Justice - The head of the Department of Justice of the 
Republic of the Philippines. 
SECTION 3. Aims of Ektradition, - 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 
. 
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. 
(b) 
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 of Secretary of Foreign Affairs; Referral of Requests by 
the foreign state or government; 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 
the case. 
Request made by the Republic of the Philippines shall originate from 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 sumrpons to the accused shall be free 
from the payment of docket and sheriff's 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 Extradliflbn. - 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. 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, pending 
receipt of the request for extradition made in accordance with Section 4 of this 
Decree. 
(b) A request for provisional arrest by a state or government 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 
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 Coud for the Extradition of Persons who have 
committed crimes in a foreign country is hereby governed by the following 
pro visions: 
(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 be 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 of the Rules of Court governing bail shall apply 
to bail in extradition cases; Provided, that in case the accused will be admitted to 
bail, 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 officio 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 be 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 be 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 officer 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 be final and 
immediately executory. 
The appeal shall stay the execution of the decision to 
the Regional Trial Court. 
(b) 
(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 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 9. Surrender of Accused. - 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. Sekure and Turn Over of Accused's Propedies. - 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 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. 
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 


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