The new rules on extradition: Streamlining international cooperation while safeguarding due process

On April 8, the Supreme Court of the Philippines approved the Rules on Extradition Proceedings through A.M. No. 22-03-29-SC, marking a major procedural reform on how the country handles extradition cases.

- AMICUS CURIAE MIA ALEXIS A. ADARNA

Effective Nov. 10, the Rules were promulgated to make extradition proceedings consistent, clear, and efficient.They cover all proceedings related to extradition, including applications for warrants of arrest, hold departure orders, and applications for bail. This codification reflects the judiciary’s commitment to harmonizing international obligations with domestic due process requirements.

The Rules provide clarity on the scope and nature of extradition proceedings. Under Rule 1, Section 2, it applies to “all proceedings related to Extradition, including applications for warrants of arrest or hold departure orders, whether provisional and precautionary or otherwise, and applications for bail.”

Extradition is a process to remove a person from the Philippines to a foreign state to face prosecution or serve a sentence. Rule 1, Section 6 underscores that extradition proceedings are sui generis and summary in nature, clarifying that courts do not adjudicate guilt or innocence.

The Rules also delineate the roles of key authorities, The Central Authority, under Rule 1, Sec, 3(a) is the Secretary of Justice or a designated State Counsel who manages all requests for extradition before the courts and represents the requesting state. The Executive Authority, under Rule 1, Sec. 3(0), is the Secretary of Foreign Affairs or an authorized official who determines whether the extradition request meets legal and treaty requirements before forwarding it to the Central Authority.