Five Postulates of Extradition

1)

Extradition Is a Major Instrument for the Suppression of Crime

In this era of globalization, easier and faster international travel, and an expanding ring
of international crimes and criminals, we cannot afford to be an isolationist state. We
need to cooperate with other states in order to improve our chances of suppressing
crime in our own country.
2)

The Requesting State Will Accord Due Process to the Accused

By entering into an extradition treaty, the Philippines is deemed to have reposed its trust
in the reliability or soundness of the legal and judicial system of its treaty partner, as well
as in the ability and the willingness of the latter to grant basic rights to the accused in
the pending criminal case therein.
3)

The Proceedings Are Sui Generis

An extradition proceeding is sui generis:

a) It is not a criminal proceeding which will call into operation all the rights of an
accused as guaranteed by the Bill of Rights. It does not involve the determination of the
guilt or innocence of an accused. His guilt or innocence will be adjudged in the court of
the state where he will be extradited.
b) An extradition proceeding is summary in nature while criminal proceedings involve
a full-blown trial.
c) In terms of the quantum of evidence to be satisfied, a criminal case requires proof
beyond reasonable doubt for conviction while a fugitive may be ordered extradited
upon showing of the existence of a prima facie case.
d) Unlike in a criminal case where judgment becomes executory upon being rendered
final, in an extradition proceeding, our courts may adjudge an individual extraditable but
the President has the final discretion to extradite him.
Extradition is merely a measure of international judicial assistance through which a
person charged with or convicted of a crime is restored to a jurisdiction with the best
claim to try that person. The ultimate purpose of extradition proceedings in court is only
to determine whether the extradition request complies with the Extradition Treaty, and
whether the person sought is extraditable.

4)

Compliance Shall Be in Good Faith.

We are bound by pacta sunt servanda to comply in good faith with our obligations
under the Treaty. Accordingly, the Philippines must be ready and in a position to deliver
the accused, should it be found proper.
5)

There Is an Underlying Risk of Flight

Indeed, extradition hearings would not even begin, if only the accused were
willing to submit to trial in the requesting country. Prior acts of herein respondent:
a)
leaving the requesting state right before the conclusion of his indictment
proceedings there; and
b) remaining in the requested state despite learning that the requesting state is
seeking his return and that the crimes he is charged with are bailable.