Government of Hong Kong Special Administrative Region

vs Hon. Felixberto T. Olalia, Jr. and Juan Antonio Muñoz

GR. No. 153675 April 19, 2007
Sandoval-Gutierrez, J.

FACTS:
Juan Antonio Muñoz was charged with 3 counts of “accepting an advantage as agent”,
and 7 counts of conspiracy to defraud, punishable by the common law of Hong Kong. The Hong
Kong Department of Justice requested DOJ for the provisional arrest of Muñoz; the DOJ
forward the request to the NBI then to RTC. On the same day, NBI agents arrested him.

Muñoz filed with the CA a petition for certiorari, prohibition and mandamus with
application for preliminary mandatory injunction and writ of habeas corpus questioning the
validity of the order of arrest. The CA declared the arrest void. DOJ filed a petition for certiorari
in this Court and sustained the validity of the arrest.

Hongkong Administrative Region then filed in the RTC petition for extradition and arrest
of Muñoz. Meanwhile, Muñoz filed a petition for bail, which was opposed by the DOJ, initially the
RTC denied the petition holding that there is no Philippine Law granting bail in extradition cases
and that private responded is a “flight risk”. Muñoz filed for a motion for reconsideration which
was granted.

ISSUE: Whether or not right to bail can be available in extradition cases?

HELD:
In Purganan case, the right to bail was not included in the extradition cases, since it is
available only in criminal proceedings. However the Supreme Court recognized the modern
trend in the public international law wherein primacy is placed on the sanctity of human rights.
Enshrined in the Constitution “The state values the dignity of every human person and
guarantees full respect for human rights.” The Philippines therefore, has the responsibility of
protecting and promoting the right of every person to liberty and due process, ensuring that
those detained or arrested can participate in the proceeding before the a court, to enable it to
decide without delay on the legality of the detention and order their release if justified.

EXTRADITION, is defined as the removal of an accused from the Philippines with the object of
placing him at the disposal of foreign authorities to enable the requesting state or government to
hold him in connection with criminal investigation directed against him or execution of a penalty
imposed on him under the penal and criminal law of the requesting state or government. Thus,
characterized as the right of the a foreign power, created by treaty to demand the surrender of
one accused or convicted of a crimes within its territorial jurisdiction and the correlative
obligation of the other state to surrender him to the demanding state. The extradited may be
subject to detention as may be necessary step in the process of extradition, but the length of
time in the detention should be reasonable.

In the case at bar, the record show that Muñoz has been detained for 2 years without being
convicted in Hong Kong. The Philippines has the obligation of ensuring the individual his right to
liberty and due process and should not therefor deprive the extraditee of his right to bail
provided that there should be “CLEAR AND CONVINCING EVIDENCE”. However, in the case
at bar, Muñoz was not able to show and clear and convincing evidence that he be entitled to
bail. The case is remanded in the court for the determination and otherwise, should order the
cancellation of his bond and his immediate detention.