Gov. of the US vs Judge Puruganan GR no.

148571 Sept 24, 2002; Dec 17, 2002

FACTS:

Pursuant to the existing RP-US Extradition Treaty, the United States Government through
diplomatic channels requested the extradition of Mark Jimenez, also known as Mario Batacan Crespo. A
petition for extradition was filed with the RTC, but before the court could act, Jimenez filed before it an
Urgent Manifestation/ Ex-Parte Motion, which prayed that petitioners application for an arrest
warrant be set for hearing. This was granted by the Court. After hearing, Jimenez submitted a required
memorandum, which sought an alternative prayer: that in case a warrant should issue, he be allowed to
post bail in the amount of P100, 000.

ISSUE:

Whether or not Jimenez is entitled to bail and to provisional liberty while the extradition
proceedings are pending.

HELD:

As suggested by the use of the word conviction, the constitutional provision on bail, as well as
Sec. 4 of Rule 114 of the Rules of Court applies only when a person has been arrested and detained for
violation of Philippine criminal laws. It does not apply to extradition proceedings, because extradition
courts do not render judgements of conviction or acquittal.