Secretary of Justice v. Judge Lantion, GR No.

139465, January 18, 2000

FACTS: President Marcos issued Presidential decree No.1069 "Prescribing the Procedure for the
Extradition of Persons Who Have Committed Crimes in a Foreign Country". Secretary of Justice Franklin
M. Drilon, representing the Government of the Republic of the Philippines, signed in Manila the
“Extradition Treaty Between the Government of the Republic of the Philippines and the Government of
the United States of America” (RP-US Extradition Treaty) which was ratified by the Senate. On June 18,
1999, the Department of Justice received from Department of Foreign Affairs containing a request for
the extradition of private respondent Mark Jimenez to the United States. Petitioner denied the request
of Jimenez which are: copies of the official extradition request, ample time to comment on the request,
and to hold the proceedings in abeyance for the meantime. Private petitioner filed a petition with RTC of
the National Capital Judicial Region against the Secretary of Justice, the Secretary of Foreign Affairs, and
the Director of the National Bureau of Investigation for mandamus, certiorari, and prohibition.

ISSUE/S: Whether private respondent's entitlement to notice and hearing during the evaluation stage
of the proceedings constitute a breach of the legal duties of the Philippine Government under the RP-