UNITED STATES VS LINSON

FACTS:

Mr. Valentin Linson was arrested in Guam on August 27, 1999.

On October 12, 1999, the Vice Consul in Manila reviewed the extradition request and supporting
documents and properly certified them.

At the October 27, 1999 extradition hearing the United States sought the extradition of the defendant to
the Philippines where he would stand trial for the offense of Murder under Article 248 of the Revised
Penal Code of the Philippines

Police Officer Bienvenido Orenciano was shot at a backyard birthday party in Maragondon, Cavite,
Philippines. Witness Agudon initially described a man in a brown polo and hat shooting Orenciano, while
Witness Pedro Sanchez did not see the assailant. Witness Calingasan identified Valentin Linson as the
shooter, claiming he saw Linson stand up, raise a .45 caliber gun, and shoot Orenciano once.

At the October 27, 1999 extradition hearing the defense countered with affidavits from the witnesses
Agudon and Calingasan recanting their earlier affidavits.

witness Agudon stated that "the truth was, I did not see what happened and I don't know who shot
Bienvenido Orenciano. That the reason ... said ... before that I saw what happened ... was because Elvie
Orenciano, his sister talked to me to tell such because they can't get a witness."

At the December 21, 1999 hearing the Philippines did not proffer any evidence to the Court challenging
the authenticity of the recantations. Instead, the Philippines offered explanations showing why they
could not proffer the recantation evidence.

ISSUE:

whether or not the Philippines has furnished evidence amounting to probable cause that the defendant,
committed the alleged offense of murder.

RULING:

This Court finds that the recantations are not just contradictory evidence but evidence that completely
obliterates probable cause. The Court believes the evidence presented was insufficient to satisfy the
standard for probable cause.

The court held that the appearance of Valentin Linson was different than the police sketch. That agudon
in her recanted statement said that she did not see who the perpertrator was therefore nullifying the
police sketch. That sanchez statement doesn’t aid in the establishment of probable cause

the Court DENIES the Philippine Government's request. Considering the probable cause threshold that
needs to be satisfied and the totality of the evidence presented, the Court holds that the Philippine
government failed to provide the United States and the Court with sufficient evidence which would
establish probable cause to charge Valentin Linson with the crime of Murder.