19 Gov of Hong Kong vs Hon.

Olalia
2007

GR no. 153675

April 19,

FACTS:
Juan Antonio Munoz was charged before the Hong Kong Court with 3 counts of
the offense of accepting an advantage as an agent, conspiracy to defraud, was
penalized by a common law of Hong Kong. A warrant of arrest was issued and if
convicted, he may face jail terms. On September 23, 1999, he was arrested and
detained. On November 22, 1999, Hong Kong Special Administrative Region filed
with the RTC of Manila a petition for his extradition. Juan Antonio Munoz filed a
petition for bail, which judge Felixberto Olalia granted.

ISSUE:
Whether or not Juan Antonio Munoz has the right to post bail when there is
nothing in the constitution or statutory law providing a potential extraditee a right
to bail.

HELD:
The right of a prospective extraditee to apply for bail must be viewed in the
light of the various treaty obligations of the Philippines concerning respect for the
promotion and protection of human rights. Under these treaties, the presumption
lies in favour of human liberty. While extradition law does not provide for the grant
of bail to an extraditee, however, there is no provision prohibiting him or her from
filing a motion for bail, alright to due process under the Constitution.