Supreme Court OKs ‘consistent, clear’ extradition rules

MANILA, Philippines—The Supreme Court (SC) has approved the Rules on Extradition Proceedings, which is a significant step toward making the legal process of turning over fugitives to foreign jurisdiction consistent, clear, and efficient.”

The new rule, which was unanimously approved by the 15-member Tribunal, will take effect on November 10, 2025.

“The Rules, which apply to all proceedings related to extradition, including applications for warrants of arrest or hold departure orders, whether provisional or precautionary or otherwise, and applications for bail.”

What is extradition?

An extradition is a proceeding to verify if the request of another country complies with applicable laws and treaties. Its purpose is to remove the extraditee from the Philippines to face criminal investigation or implement the execution of a penalty under penal or criminal law of the requesting country.

“There is a need to provide the rules to ensure consistency and give guidance in handling extradition cases,” the SC said in a statement through its Public Information Office.

The rules affirm the principle of double criminality, meaning extradition will only be allowed if the crime is punishable under Philippine law and the law of the requesting State.

“Where the request for extradition relates to a person who is wanted for the service of a sentence of imprisonment or other deprivation of liberty  imposed  for such an offense, extradition shall be granted only if the remaining sentence to be served is at least six months. In all cases, the definition if an extraditable offense, including the remaining sentence to be served, is subject to the provisions of the applicable extradition treaty,” the SC added.

Trial and evidence

The proceeding will begin after the Department of Justice (DOJ), through its State counsel files a verified petition with the extradition court.

Once filed, the court gains exclusive jurisdiction and begins hearing in open court unless the extraditee or the petitioner requests, with leave of court, that it be conducted in chambers, such as when the matters to be heard involve national security, privileged information, or a minor.

Testimonies of witnesses will not be required unless found necessary, and judgment may be rendered solely based on the pleadings and documents submitted.

“If the extradition court allows the presentation of witnesses, it shall render judgment within 30 calendar days from the date the last witness is presented. In case no witnesses are presented, the extradition court shall render judgment within 30 calendar days from receipt of the last pleading, or upon the expiration of the period for its filing,” the SC added.

Appeals and bail

Appeals may be filed with the Court of Appeals who has the authority to stop the execution of the decision. It has 90 calendar days from the time of appeal to submit the case for resolution.

Regarding bail, it will not be allowed if the extraditee is being extradited to serve a sentence or has been convicted. Bail is at the court’s discretion if the extraditee proves that he or she is not a flight risk and will follow court orders.

What happens after appeal is denied?

The Court of Appeals’ ruling is final and immediately executory.

Then, jurisdiction over the extraditee shall be transferred to the authorities of the requesting state at a time and place to be determined and made known to the extradition court.

The requesting state shall also shoulder all the costs and expenses incurred in the extradition proceedings.  /gsg