From the Answers to Bar Exam (2004) Extradition: RP and State XX have a subsisting Extradition Treaty. Pursuant thereto RPs Secretary of Justice (SOJ) filed a Petition for Extradition before the MM RTC alleging that Juan Kwan is the subject of an arrest warrant duly issued by the proper criminal court of State XX in connection with a criminal case for tax evasion and fraud before his return to RP as a balikbayan. Petitioner prays that Juan be extradited and delivered to the proper authorities of State XX for trial, and that to prevent Juans flight in the interim, a warrant for his immediate arrest be issued. Before the RTC could act on the petition for extradition, Juan filed before it an urgent motion, in sum praying (1) that SoJs application for an arrest warrant be set for hearing and (2) that Juan be allowed to post bail in the event the court would issue an arrest warrant. Should the court grant or deny Juans prayers? Reason. (5%)SUGGESTED ANSWER:Under the Extradition Treaty and Law, the application of the Secretary of Justice for a warrant of arrest need not be set for hearing, and Juan cannot be allowed to post bail if the court would issue a warrant of arrest. The provisions in the Rules of Court on arrest and bail are not basically applicable. (Government of the United States of America v. Puruganan, 389 SCRA 623 [2002])
Posted on: Tue, 03 Dec 2013 05:36:11 +0000
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