The Supreme Court has established the rules for extradition proceedings concerning any individual in the Philippines who is facing a criminal investigation or the enforcement of a penalty abroad.
The rules are set to take effect 15 days from the posting in the Official Gazette or a newspaper of general circulation in the Philippines, which is on November 10.
‘This Rules shall apply to all proceedings related to Extradition, including applications for warrants of arrest or hold departure orders (HDO), whether provisional and precautionary or otherwise, and applications for bail,’ the Supreme Court’s administrative order read.
The rules were promulgated in an en banc resolution dated April 8, 2025.
What is extradition? Extradition, defined as the removal of an individual (extraditee) from the Philippines to a foreign country for prosecution or sentence execution, will now be governed by these clear procedures, which include guidelines for warrants of arrest, hold departure orders (HDOs) and bail.
Commencement and jurisdiction. According to the new rules, an action for extradition begins when the ‘central authority’ or the Secretary of Justice or authorized state counsels from the Office of the Chief State Counsel files a verified petition with the extradition court.
Once filed, that court acquires exclusive jurisdiction over the case, regardless of where the extraditee may reside or move.
According to the court, the petition must strictly follow the requirements of the new rules and include supporting documents certified by the requesting state’s principal diplomatic or consular officer in the Philippines, or as stipulated in the relevant treaty.
When is extradition permissible? Extraditable offense and dual criminality extradition is only permissible if the crime is punishable under both Philippine law and the law of the requesting state.
Even if the offenses’ legal terminology or elements differ, extradition may still be granted if the underlying act is a crime in both countries and meets the elements of the offense in each jurisdiction, according to the rules.
If the extraditee is wanted to serve a sentence, extradition will only be allowed if the remaining sentence is at least six months.
Issuance of warrants and detention. Before issuing a warrant of arrest, the extradition court must conduct an ‘ex-parte’ review to check if the petition is sufficient in form and substance, complies with the law and treaty, and if there is probable cause to believe the person is the correct individual, the offense is extraditable, and the person committed the offense.
Upon finding probable cause, the court will issue a warrant that can be enforced nationwide and uploaded electronically.
Arrested extraditees will be detained at a detention facility of the National Bureau of Investigation nearest to the court’s location.
The court may also issue HDOs to prevent the extraditee from leaving the country, except for the purpose of extradition.
Summary procedure and judgment. According to the Supreme Court, extradition proceedings are summary and do not determine the guilt or innocence of the extraditee.
This means that the court may render judgment based solely on pleadings and documents.
If witness testimony is deemed necessary, the rules mandate that witnesses must be fully examined in one day. The court must render judgment within 30 calendar days after the last witness is presented, or 30 days from the filing of the last pleading if no witnesses are presented.
According to the court, the petition must be granted if a ‘prima facie case exists,’ confirming that:
The petition complies with the law and treaty.
The extraditee is the correct person.
The offense is extraditable and was committed by the person.
No grounds for mandatory refusal exist.
Is bail allowed? Bail during proceedings is discretionary, meaning that it is not a bail as a matter of right.
The high court said that it will not be granted if the extraditee is being sought to serve a sentence or has already been convicted. It may be allowed only if the extraditee proves they are not a flight risk and will abide by all court orders.
If the extraditee is also facing local charges or serving a local sentence, the execution of the extradition judgment may be postponed, unless the local court permits the extraditee’s temporary surrender.
Appeals. Appeals must be filed with the Court of Appeals, which temporarily pauses the execution of the decision.
The appellate court must decide the appeal within 90 calendar days, and its decision will be final and immediately executory.
Provisional Arrest. In cases of urgency, the Central Authority can instruct the NBI to file an ex parte application for provisional arrest before the extradition request is received.
If the formal request is not submitted within 60 calendar days or the period stated in the treaty, the extraditee must be automatically released or their bail discharged.