Procedural due process in extradition proceedings

Private respondent Mark Jimenez was charged in the United States for violation of
several provisions of the United States Code (USC). Hence, the US Government
requested for the extradition of Mark Jimenez to the United States through PD 1069
or the Extradition Law. The Secretary of Justice took charge and handled the case in
accordance to law. Later, Mark Jimenez requested for the copies of the official
extradition request to give him time to comment or oppose the request. However,
the Secretary of Justice denied his request on the ground of prematurity since the
documents are still pending investigation during the evaluation stage of the
extradition proceedings. The SOJ further argues that under PD 1069, an extraditee is
only given opportunity to meet the evidence against him once he files a petition in
court. Mark Jimenez cannot also invoke his constitutionally guaranteed rights
because the evaluation of said documents is not akin to the preliminary
investigation of criminal cases.
Is Mark Jimenez entitled to notice and hearing during the evaluation stage of the
extradition proceedings?
NO. Mark Jimenez is bereft of the right to notice and hearing during the evaluation
stage of the extradition process. There is also no provision in the RP-US
Extradition Treaty and in P.D. No. 1069 which gives an extraditee the right to
demand from the petitioner Secretary of Justice copies of the extradition request
from the US government and its supporting documents and to comment thereon
while the request is still undergoing evaluation.
Extradition proceeding is not a criminal proceeding which will call into operation
all the rights of an accused as guaranteed by the Bill of Rights since the process of
extradition does not involve the determination of the guilt or innocence of an
accused. Hence, constitutional rights cannot be invoked by an extraditee, especially
by one whose extradition papers are still undergoing evaluation.
PD 1069 only affords an extraditee sufficient opportunity to meet the evidence
against him once the petition is filed in court. An extraditees right to know is
momentarily withheld during the evaluation stage to accommodate the more
compelling interest of the state to prevent escape of potential extraditees which can
be precipitated by premature information on the basis of the request for extradition.