Presidential Decree No.

1069
Philippine Extradition Law
(January 13, 1977)
 The removal of an accused from the
Philippines with the object of placing
What is him at the disposal of foreign
authorities to enable the requesting
Extradition state or government to hold him in
(as used in connection with any criminal
investigation directed against him or
PD 1069)? the execution of a penalty imposed
on him under the penal or criminal
law of the requesting state or
government.
 What is Extradition Treaty
or Convention (as used in PD 1069)?

An extradition agreement between the Republic

of the Philippines and one or more foreign
states or governments.
 Salient Features of PD 1069

PRESCRIBING THE PROCEDURE FOR THE EXTRADITION OF

PERSONS WHO HAVE COMMITTED CRIMES IN A FOREIGN
COUNTRY.

✓The Constitution of the Philippines adopts the

generally accepted principles of international law as
part of the law of the land, and adheres to the policy of
peace, equality, justice, freedom, cooperation and amity
with all nations;
✓The suppression of crime is the concern not
only of the estate where it is committed but
also of any other state to which the criminal
may have escaped, because it saps the
foundation of social life and is an outrage
upon humanity at large, and it is in the
interest of civilized communities that crimes
should not go unpunished;
✓The Philippines recently concluded as
extradition treaty with the Republic of
Indonesia, and intends to conclude similar
treaties with other interested countries;
 Constraints in the
Implementation of PD 1069

✓ The leading constraint in the implementation of

this law is that some countries have no
Extradition Treaty with the Philippines. Some
offenders flee to other countries with no
extradition treaty with our country to avoid arrest.
 List of Countries with Extradition in force with
the Philippines

Australia Micronesia
Canada Russia
China Spain
Hong Kong Special Administrative Region Switzerland
India Thailand
Indonesia UK
Korea US
Question: If you had to disappear and live out the rest
of your days below the radar, where would you go?
Countries without Extradition Treaty with the
Philippines
1. The Netherlands
2. Morocco
3. Brazil
4. Venezuela
5. Other countries that are not listed in the preceding slide.
 Jose Maria Sison
Joma Sison, founder of the Communist Party of the
Philippines (CPP), and has been classified as “person
supporting terrorism” by the US.
Sison went into an exile in the Netherlands (where the
Philippines has no Extradition Treaty) after the Marcos
Regime.
The PNP is supposed to request to the Interpol to issue
“red notice” to seek the arrest of Joma Sison for the purpose
of Extradition to the Philippines, but there is no extradition
pact between The Netherlands and the Philippines.
– www.philippinerevolution.net
Extradition Treaty between the
Philippines and the United States
of America

✓ The Extradition Treaty between

the Government of the United
States of America and the
Government of the Republic of the
Philippines was signed at Manila
on November 13, 1994.
2. Strengthen and support
International Criminal Police
Organization (Interpol).
 MUTUAL LEGAL ASSISTANCE
in Criminal Matters

The Department of Justice is the Central Authority for

mutual legal assistance in criminal matters. The Office
of the Chief State Counsel of the Department of
Justice handles and processes formal requests for
assistance to and from the Philippines.

MLA mechanism is a tool for law enforcement and prosecution authorities in the investigation and
prosecution of cases. It is not to be utilized by private individuals or entities.
 MUTUAL LEGAL ASSISTANCE
in Criminal Matters
The types of mutual legal assistance which the Philippines may provide in respect of criminal matters include:

a. Taking of evidence or obtaining statements from persons;

b. Making arrangements for persons to give evidence or facilitating
the personal appearance of witnesses;
c. Effecting the temporary transfer of persons deprived of liberty to
appear as witnesses;
d. Effecting service of documents;
e. Locating and identifying witnesses and suspects/accused;
f. Examining objects and sites;
 MUTUAL LEGAL ASSISTANCE
in Criminal Matters
The types of mutual legal assistance which the Philippines may provide in respect of criminal matters include:

g. Providing or obtaining information, original or certified true copies

of documents, or other evidentiary items;
h. Identifying or tracing proceeds of crime or property;
i. Executing searches and seizures of properties or items of
evidence;
j. Freezing, forfeiture or confiscation of assets, property, or
instrumentality used in the commission of a crime; and
k. Any other type of assistance that may be allowed by the requested
Party.
 Treaties on Mutual Legal Assistance
in Criminal Matters

Countries with which the Philippines has an existing Mutual Legal Assistance Treaty
(MLAT) in Criminal Matters

Australia
China
Hong Kong Special Administrative Region
Korea
Russia
Spain
Switzerland
UK
US
 Philippines is a Party to the
following multilateral treaties:

1. ASEAN Treaty on Mutual Legal Assistance in Criminal Matters

2. ASEAN Convention on Counter Terrorism
3. UN Convention Against Corruption
4. UN Convention Against Transnational Organized Crime and its
Protocols
5. UN Convention Against Illicit Traffic in Narcotics Drugs and
Psychotropic Substances
6. International Convention for the Suppression of the Financing of
Terrorism
Countries which do not have an MLAT with the Philippines
may seek assistance if there is an undertaking of
reciprocity. This undertaking of reciprocity should provide
that the requesting Party will comply with a future request
by the Philippines for similar assistance in a criminal matter
involving an offense that corresponds to the foreign
offense for which assistance is sought.