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Answers to Phil Bar Exams 1987-2006 Political Law

Answers to Phil Bar Exams 1987-2006 Political Law

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Published by: Hanna Mapandi on Mar 14, 2010
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12/10/2012

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(1) The Philippines and Australia entered into a
Treaty of Extradition concurred in by the
Senate of the Philippines on September 10,
1990. Both governments have notified each
other that the requirements for the entry
into force of the Treaty have been complied
with. It took effect in 1990.
The Australian government is requesting
the Philippine government to extradite its
citizen, Gibson, who has committed in his
country the indictable offense of Obtaining
Property by Deception in 1985. The said
offense is among those enumerated as
extraditable in the Treaty.

For his defense, Gibson asserts that the
retroactive application of the extradition
treaty amounts to an ex post facto law. Rule
on Gibson's contention. (5%)

SUGGESTED ANSWER:
Gibson is incorrect. In Wright v. Court of
Appeals, G.R. No.113213, August 15,1994,
it was held that the retroactive application of
the Treaty of Extradition does not violate

BAR Q&A (as arranged by Topics) – POLITICAL LAW (1987-2006)

168

the prohibition against ex post facto laws,
because the Treaty is neither a piece of
criminal legislation nor a criminal procedural
statute. It merely provided for the
extradition of persons wanted for offenses
already committed at the time the treaty
was ratified.

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