Consistent, Clear, and Efficient Rules on Extradition Proceedings

by: Atty. Sean Patrick C. Lee and Rick Therese Angela T. Daza | 7 November 2025

On April 8, 2025, the Supreme Court of the Philippines approved the Rules on Extradition Proceedings (A.M. No. 22-03-29-SC), to take effect on November 10, 2025. The promulgation of these Rules introduces a fundamental change in the Philippine government's approach to cooperation with foreign and international tribunals. These Rules institute a clear safeguard for all future extradition and surrender cases, including applications for warrants of arrest or hold departure orders, whether provisional and precautionary or otherwise, and applications for bail. This is to ensure that no individual may be turned over to another jurisdiction without following the judicial process. These developments are poised to delimit the executive branch's power to cooperate internationally, reaffirming that such cooperation must not exceed Constitutional authority and is necessarily subject to the judicial process.

According to the Rules on Extradition Proceedings, for an act or omission to be extraditable, it must be punishable by imprisonment or other deprivation of liberty under both the laws of the Philippines and the Requesting State. In general, dual criminality must exist at the time of receipt of the request for Extradition.

It must be noted that Extradition proceedings do not involve the adjudication of the guilt or innocence of the Extraditee. These proceedings are sui generis and summary in nature. The only matters to be resolved in Extradition proceedings are whether or not a) the Extradition complies with the law and the applicable Extradition treaty, and b) whether the person sought is extraditable.

The new rules set forth clear requirements:

Filing of Verified Petition in Court

Under the new Rules, the Central Authority (either the Secretary of Justice or the designated and authorized State Counsels of the Office of the Chief State Counsel) must file a verified petition before the Extradition Court (Regional Trial Court where Extraditee resides, or if unknown, that has jurisdiction over the place where the office of the Central Authority is located) to commence an extradition case. The case cannot proceed without this filing. 

The Petition must include the identity of the person sought, the applicable treaty, an allegation that an extraditable offense under the applicable Extradition Treaty was committed and that the offense constitutes a crime under the laws of both the Requesting State and the Philippines, a summary of the factual circumstances of the alleged offense, imposable/imposed penalty, allegation of the whereabouts or residence of the Extraditee and certified copies of relevant documents such as the foreign warrant of arrest, charge, or judgment.

The Extradition Court acquires exclusive jurisdiction once the petition is filed, regardless of the subsequent whereabouts of the Extraditee. This change reinforces judicial supervision over extradition and prevents purely executive discretion in matters involving personal liberty.

Extradition Warrant of Arrest

Upon ex parte review of the petition and attachments, the Extradition Court may issue an Extradition Warrant of arrest if it finds probable cause to believe that (1) the person sought is the same individual charged or convicted abroad, (2) the offense is extraditable, and (3) the person committed the offense charged.

This Extradition Warrant of Arrest may be served anywhere in the country and is complemented by an electronic version (e-warrant) for nationwide enforcement. The e-warrant shall be uploaded to the website of the Philippines National Police, or other subsequent website that will be used as a platform.

Contemporaneous with the issuance of the Extradition Warrant of Arrest, the Extradition Court, may, upon request, issue a Hold Departure Order to prevent the Extraditee from leaving the Philippines.

Once arrested, the Extraditee shall be detained at the NBI detention facility in the city or province where the Extradition Court is located. In the absence of such, the Extraditee will be detained in a detention facility nearest to the said court. The NBI or any law enforcement agent who effected the arrest shall file a return with the said court within 24 hours from the arrest, with notice to the Central Authority.

From Summons to Answer to Presentation of Witnesses

Upon notice of the arrest, the Extradition Court shall immediately direct the issuance of the summons along with the petition and its attachments, which will be personally served on the Extraditee.

The Extraditee must file a verified answer within 15 calendar days from receipt thereof. The failure to file an answer allows the Extradition Court, motu proprio or on motion of the petitioner, to render judgment as may be warranted by the facts alleged in the petition.

After the responsive pleadings are filed, the Rules streamline the decision-making process. The Extradition Court may either render judgment solely based on the pleadings and documents submitted, or, if found necessary, require the testimony of the witnesses. Nonetheless, a witness must be fully examined in one day following the One-Day Examination of Witness Rule.

Bail

Bail is discretionary and may only be granted if the person can prove by clear and convincing evidence that they are not a flight risk and will abide by court orders. Those already convicted abroad and sought to serve a sentence are generally ineligible for bail.

Summary of Extradition proceedings, Final Judgment and Turnover of Extraditee

In general, Extradition proceedings follow this flow:

1)     Verified Petition for Extradition is filed by the Central Authority before the Extradition Court.

2)     Once received, the Extradition Court shall conduct an ex parte review of the Petition, wherein either the Court shall issue a warrant of arrest, or dismiss the Petition.

3)     Upon issuance of a warrant of arrest, the Extraditee shall be arrested, and a Hold Departure Order may be issued by the Extradition Court upon request of the Central Authority.

4)     Upon notice of arrest, summons, together with the petition and its annexes will be served upon the Extraditee.

5)     Within 15 days of receipt of Summons, the Extraditee shall file their verified answer to the Petition.

6)     Afterwards, the Extradition Court may either 1) render judgment solely based on the pleadings and documents submitted, or 2) if found necessary, hear the testimony of witnesses.

7)     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. If no witnesses are presented, the Extradition Court shall render judgment within 30 calendar days from receipt of the last pleading.

8)     A party may then appeal the decision of the Extradition Court within 10 calendar days from receipt of the said decision. Note that the appeal shall stay the execution of the Extradition Court’s decision. 

9)     The Court of Appeals shall issue a decision on the appeal within 90 days from the time the appeal is submitted for resolution, to which the decision shall be final and immediately executory.

Once the court renders a final judgment granting extradition, jurisdiction over the Extraditee is transferred to the requesting State. The turnover of the Extraditee is coordinated by the Central Authority, in consultation with the Executive Authority and the requesting government, which jointly determine the time and place of the handover. The Rules also authorize, when applicable, the transfer of property related to the offense, subject to Philippine law and the terms of the treaty.

Its Application to Pending Extradition Cases

Under Rule 6, Section 4, the Rules explicitly apply to all pending extradition-related proceedings, including those involving provisional arrests, hold-departure orders, and bail applications.

Conclusion

Under the newly promulgated Rules on Extradition, judicial process is a non-negotiable prerequisite for surrendering an Extraditee to a foreign or international tribunal. Therefore, any move to arrest or turnover the Extraditee without a Philippine court order would be a clear breach of these Rules and the constitutional guarantee of due process.

Overall, the Rules on Extradition Proceedings are a welcome addition as they provide clear-cut guidelines on how extradition proceedings should be dealt with. Based on the new rules, if they are followed to the letter of the law, Extradition proceedings would be swift as these cases could be resolved in less than 6 months, which is already inclusive of the appellate process. This ensures that the Philippines does not become a sanctuary for fugitives, while simultaneously guaranteeing that all extradition proceedings are conducted with due process.

Disclaimer: The views and opinions expressed in this article are those of the authors and do not necessarily reflect the views and opinions of the Firm or any of its partners. This article shall not be construed as official legal advice from the Firm. 

Atty. Sean Patrick C. Lee is a lawyer who obtained both his Juris Doctor and Bachelor of Arts in Economics degrees from the Ateneo de Manila University.

Rick Therese Angela T. Daza is a paralegal who earned her Bachelor of Arts in Political Science from Ateneo de Davao University. She is currently completing her Juris Doctor Degree from San Beda University.

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