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Showing posts with the label extradition treaty

Case Digest: Government of Hongkong vs. Olalia, G.R. No. 153675, April 19, 2007

                    Rule 114: Bail  |     Criminal Procedure Facts: This is a Petition for Certiorari seeking to nullify two orders issued by the Regional Trial Court (RTC) in Manila. The first order allowed the private respondent, Juan Antonio Muñoz , to post bail, and the second order denied the motion to vacate the first order. The petitioner  Government of Hong Kong Special Administrative Region , represented by the Philippine Department of Justice (DOJ)  argues that both orders were issued with grave abuse of discretion because there is no constitutional provision granting bail to a potential extraditee. On January 30, 1995, the Philippines and Hong Kong signed an agreement for the surrender of accused and convicted persons.  In 1997, Hong Kong became the Hong Kong Special Administrative Region under the People's Republic of China. Private respondent Muñoz was charged in Hong Kong with se...

Case Digest: USA vs. Puruganan, G.R. No. 148571, September 24, 2002

                   Rule 114: Bail  |     Criminal Procedure Facts: The United States Government sent a request for the extradition of Mark B. Jimenez to the Philippine Government, based on the RP-US Extradition Treaty.  Jimenez obtained a Temporary Restraining Order (TRO) from the RTC of Manila, preventing the Department of Justice (DOJ) from filing a petition for his extradition.  The TRO was challenged by the Secretary of Justice in a petition before the Supreme Court. Initially, the Court dismissed the petition but later reversed its decision. With no legal obstacles, the Philippine DOJ filed the appropriate Petition for Extradition with the RTC.  J imenez filed an urgent motion requesting a hearing for the application of an arrest warrant. The RTC granted the motion and scheduled a hearing. The RTC issued an order for Jimenez's arrest and set bail at one million pesos in cash. Jimenez surrende...