Professional Documents
Culture Documents
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would label as “formal extradition but have not been brought to trial; to
procedures”, and those where we do not those who have been tried and
have any formal treaties, which I call, convicted and have subsequently
“informal cooperation”. escaped from custody; and to those
who have been convicted in absentia.”
II. FORMAL EXTRADITION
PROCEDURES Philippine law provides that the
Secretary of Foreign Affairs has the first
A. The Philippine Extradition Law
opportunity to make a determination on
In the Philippines extradition is
whether the request complies with the
governed by Presidential Decree No. 1069,
requirements of the law and the relevant
“The Philippine Extradition Law”, and by
treaty, such as the submission of the
the applicable extradition treaty in force.
original or authenticated copy of the
PD No. 1069 was enacted by then President
decision or sentence imposed upon an
Ferdinand Marcos in 1977, shortly after the
accused; or the criminal charge and the
Philippines concluded its first extradition
warrant of arrest; a recital of the acts for
treaty with the Republic of Indonesia. As
which extradition is requested containing
can be seen the law is more than twenty
the name and identity of the accused; his
(20) years old, and has not been amended
whereabouts in the Philippines; the acts
since. PD No. 1069 is intended to “guide
or omissions complained of; the time and
the executive department and the courts
place of the commission of those acts; the
in the proper implementation of the
text of the applicable law or a statement of
extradition treaties to which the
the contents; and such other documents or
Philippines is a signatory”. Under the law
information in support thereof. Once all
extradition is defined as :
of these are complied with, the request and
supporting documents are forwarded to the
“The removal of an accused from the
Secretary of Justice who shall then
Philippines with the object of placing
designate a panel of attorneys from the IAD
him at the disposal of foreign
to handle the case.
authorities to enable the requesting
state or government to hold him in
In practice, the role of the Department
connection with any criminal
of Justice (DOJ) is not limited to filing and
investigation directed against him or
handling the case in court. If it deems
the execution of a penalty imposed on
necessary, the DOJ may also request the
him under the penal or criminal law
foreign state to submit additional
of the requesting state or
supporting documents particular to
government.”
Philippine procedures. This is done to
make sure that only those requests that
The definition approximates the
comply with both treaty and domestic
international definition of extradition
requirements are processed. For example,
which is:
we usually request for certified copies of
... the process by which persons
the affidavit of witnesses and do not merely
charged with or convicted of crime
rely on the affidavit of the prosecuting
against the law of a State and found
attorney which merely synthesizes the
in a foreign State are returned by the
statements of the witnesses. Relying solely
latter to the former for trial or
on the affidavit of the prosecuting attorney
punishment. It applies to those who
may be dangerous because it would be
are merely charged with an offense
considered already a double hearsay under
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law require it to do, is entitled to the and at any rate he will be furnished all the
delivery of the accused on the issue of documents once the petition for extradition
the proper warrant, and the other is filed in court. The stand of the subject
government is under obligation to person was that he had a right of access to
make the surrender; an obligation the documents at anytime in order that he
which it might deem impossible to would be able to show before the executive
fulfill if release on bail were permitted. authorities that the request was politically
The enforcement of the bond, if motivated. The issue therefore, appears
forfeited, would hardly meet the to be whether the government is duty
international demand; and the bound to notify a person at the soonest
regaining of the custody of the accused possible time, even prior to filing a petition
obviously would be surrounded with in court, that his extradition is sought. One
serious embarrassment. danger we see in this is that this would
give such person an opportunity to flee
Unlike in ordinary domestic cases since the executive authorities at this stage
wherein the damage caused by an accused do not yet have access to any judicial
who absconds is contained within the safeguards that would prevent flight.
domestic plane, in extradition, releasing an
extraditee on bail, which provides an I noticed that the tenor of the provisions
opportunity to abscond, puts at risk the on politically motivated requests/political
interest of the government to comply with offenses are similar to that which is used
international obligations. This is a very in International Refugee Law, particularly
real danger. We have a case wherein a the 1951 Convention Relating to the Status
foreigner out on bail had fled to the of Refugees, and the 1967 Protocol relating
Philippines. to the Status of Refugees, to which the
Philippines acceded to in July 22, 1981.
There is still no definitive Philippine Consequently, the issue of political
jurisprudence on this issue as all the cases motivated requests should be understood
regarding bail in extradition are pending in the context that it is used in
in different courts. International Refugee law, as referring to
an ordinary criminal offence applied in
c. Politically Motivated politically suspicious circumstances .
I understand that in the United States
the determination of whether a crime is of d. Extradition of Nationals
a political nature rests with the courts, Philippine law allows the extradition of
while the question of the political its nationals subject to the usual exceptions
motivation of the country requesting as contained in the relevant treaties. Out
extradition is to be made by the executive of the four cases wherein extradition was
branch. In the Philippines there is still no granted, one of them was a Filipino.
clear jurisprudence on this matter although
there is a case pending in court which may F. MLAT
indirectly address this issue. In that case Unlike in extradition, mutual legal
the person sought to be extradited assistance in the Philippines does not have
requested the IAD for copies of the request any implementing laws for the treaties.
and supporting documents. The IAD Through practice we have considered both
refused him access on the ground that it treaties to be self-executory and therefore,
was still processing the request and that even in the absence of any local law, these
at that stage there is still no right of access, treaties have been enforced. MLAT are
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used in order to aid government The reason for the protection was to
prosecutors in gathering evidence located increase our links with foreign lenders and
overseas even at the investigatory stage. to facilitate the flow of desired investments
In a way this would substitute for letters into the Philippines. Therefore, if the funds
rogatory. or the accounts can be identified by an
outside source as not being used for
At present, most requests for legal legitimate purposes, then the bank secrecy
assistance involve having to examine bank laws do not apply.
records. Legally, this is a problem because
the Philippines has a strict bank secrecy At any rate, once a request for legal
law. This is particularly true of foreign assistance is received, the IAD files an
currency deposits. It may be argued that application in court with a prayer to
the treaties supersede the bank secrecy examine the documents requested, and to
deposit law as the treaties came at a much freeze the target accounts. We have been
later time. However, in the treaties there fortunate that the banks we sought to
is no express repeal made and therefore, gather evidence and freeze accounts from
counter-arguments are made that there is were cooperative, and immediately
no repeal or amendment on the bank complied with the court orders. To date,
secrecy law. we have recovered approximately thirteen
million pesos (P 13,000,000.00) from
We have a theory, following the case of laundered drug money. Probably, it will
Salvacion vs. Central Bank of the be easier to target laundered drug money
Philippines, that the bank secrecy laws do as we could then use the 1988 Convention
not protect “illegitimate” deposits or of Psychotropic Substances also as a legal
fraudulent investments. As the Solicitor basis as it has provisions on mutual legal
General argued: assistance and on extradition.
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3. The person(s) among the three the Japanese Public Prosecutor in Iloilo
Filipino accomplices including City on March 26 to 28, 1996 in
Joemarie, who actually murdered interviewing one Joemarie Baldemero
Shozaburo by winding and tightening Chua in relation to the said criminal cases.
an electrical cord around his neck and
stabbing Shozaburo in the neck with Immediately, we all proceeded to Iloilo
a sharp blade. City and I personally conducted
4. The person who sprinkled kerosene clarificatory questioning on the person of
from a heater set fire to the house and Joemarie Baldemero Chua. He was
so on. assisted by a lawyer from the Public
Attorney’s Office. Joemarie Chua
Due to the above-mentioned voluntarily and freely narrated the incident
discrepancies, it was difficult to determine that happened on January 18, 1993. The
whose statement was true. Therefore, it Japanese Public Prosecutor and his
became necessary to request a Public assistant went back to Japan with the
Prosecutor in the Philippines to interrogate sworn statement of Joemarie Chua.
Joemarie again, in the presence of a
Japanese Public Prosecutor, about the Kosumi Yoshimi was sentenced to life
particulars and circumstances of the imprisonment for Murder and Arson to
conspiracy to commit murder and arson Inhabited Structure at Nagoya District
including the roles of the three Filipino Court on November 11, 1997 and his Koso-
accomplices, the reward and the details of appeal was dismissed at Nagoya High
the actual execution of above-mentioned Court on November 19, 1998. His Jokoku-
crimes. appeal is pending at the Supreme Court.
Pablito Franco Barlis was sentenced to
On February 5, 1996, Mr. Hirosi Shimizu imprisonment with labour of thirteen years
Chief Prosecutor of the Nagoya District for Murder and Arson to Inhabited
Public Prosecutors Office of Japan wrote a Structure at Nagoya District Court on
letter to the judicial authorities of the February 26, 1998 which judgment has
Republic of the Philippines requesting for now become final. William Gallardo Bueno
assistance in criminal investigation for the was sentenced to imprisonment with
criminal cases of Murder and Arson to labour of fifteen years for Murder and
Inhabited Structure against Mr. Kosumi Arson to Inhabited Structure at Nagoya
Yoshimi and Pablito Franco Barlis, which District Court on May 11, 1995 which
were all under trial procedure at Nagoya judgment has now become final.
District Court.
ACTUAL CASES B.
A note verbale, no. 88-96, was issued by On January 12, 1990, the Osaka
the Embassy of Japan in Manila to the Maritime Police and the Osaka Customs
Department of Foreign Affairs requesting Police arrested Akira Fujita in Manila who
the cooperation of the authorities of the had been wanted for purchasing and
Philippine Government in the said shipping handguns from the Philippines in
investigation. Philippine Department of connection with the smuggling of 40
Foreign Affairs endorsed all documents to handguns by a Yamaguchi-gumi (Yakuza)
the Department of Justice. On March 25, syndicate member from the Philippines.
1996, then Secretary of Justice Teofisto T. Police investigation revealed that Fujita
Guingona Jr., issued a Department Order conspired with one Hironori Takenouchi,
designating this representation to assist of lzumi City, a Yakuza member. Fujita
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The defendant received about 30 million Chow On Park alias Haruhiko Arai was
Japanese yen in cash as a reward for the sentenced to imprisonment with labour to
criminal act from the accomplice Ho Ji two years for Abandonment of Corpse and
Chong alias Hiroshi Matsuda on November violation of the Firearms and Swords
28, 1997. The defendant’s wife, Marucilla Control Law as well as the confiscation of
Park Ruby Cristina alias Ruby Arai, 24,480,000 yen and a hand gun at Osaka
entered the Philippines with the said cash District Court on April 30, 1999, and his
on December 6, 1997 upon defendant’s Koso-appeal was dismissed on November
order. Said Marucilla asked her cousin 4, 1999. His Jokoku-appeal is pending at
Bernardo Marilou y Rivera to keep the Supreme Court.
¥5,480,000 in the safe-deposit box at
Westmont Bank and ¥19,000,000 in a safe- It may be worth noting that the average
deposit box at China Banking Corporation. time it took us to comply with requests for
Since the defendant got the said money in assistance is about one (1) week. The
reward for the criminal act of this case, the absence of any procedure in these cases
money had to be seized and confiscated as helped reduce bureaucratic red tape and
evidence. thereby, cut down on the time element.
Also, it appears that most witnesses were
The applicable provisions of law willing to cooperate once it was explained
violated : to them that only their testimony would
Penal Code of Japan be needed and that they would not be
Article 190 and Article 60 extradited or charged. Furthermore, after
Abandonment of Corpse explaining to potential witnesses or
accessories that only the proceeds of the
Article 31-3 paragraph 1 and Article 3 crimes would be confiscated but no charges
paragraph 1 of the Firearms and Swords will be brought against them, they willingly
Control Law and Article 60 of the Penal gave up the proceeds.
Code shall be applied to the offense
described above as a violation of the It is important therefore, that those
Firearms and Swords Control Law. involved in legal assistance be able to meet
potential witnesses in order to be able to
allay their fears. Once this initial fear was
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REFERENCES
• Marjorie M. Whiteman, 6 DIGEST OF
INTERNATIONAL IAW, p. 727,
{1968}, hereinafter 6 WHITEMAN.
• Presidential Decree No. 1069,
Philippine Extradition Law
• 235 Supreme Court Reports
Annotated (SCRA) 341, 354 {1994}.
• Marubeni Corporation vs.
Commissioner of Internal Revenue
(117 SCRA 500) {1989}.
• Michigan vs. Doran, 439 US 282, 296
{1978}.
• Joaquin G. Bernas, S.J., THE 1987
CONSTITUTION OF THE
REPUBLIC OF THE PHILIPPINES
: A COMMENTARY, 1996 ed., p.429-
430; see also Wright vs. Henkel, 23
Supreme Court Reporter 781, 787.
• People vs. Alano, 81 Phil. 19, 21
{1948}; see also Mejoff vs. Director of
Prisons, 90 Phil. 70 {1951}.
• De la Rama vs. People’s Court, 77 Phil
461 {1946}.
• Salvacion vs. Central bank of the
Philippines, 278 SCRA 27, 45 (1997).
• Whereas Clause of Presidential
Decree No. 1034.
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