THE Supreme Court (SC) has, for the first time, imposed a fixed 30-day deadline for local courts to decide on extradition cases under the newly approved Rules on Extradition Proceedings, which will take effect next month.
In a resolution dated April 8, 2025, and published on Oct. 25, the SC En Banc said the new rules were designed to make extradition proceedings “consistent, clear, and efficient,” by setting uniform procedures and timelines for warrants, bail, and appeals.
“The extradition court shall render judgment within thirty (30) calendar days after the last witness is presented or from receipt of the last pleading,” the SC said. It added that the change “ensures that extradition cases are resolved without undue delay and in accordance with due process.”
Previously, extradition cases had no fixed timeline for resolution, often dragging on for months or even years.
The new rules also require the Court of Appeals to decide on appeals within 90 days of submission, with its ruling deemed final and immediately executory.
The high court said the new framework aims to make proceedings more efficient by focusing only on the validity of the extradition request, not on the guilt or innocence of the individual sought.
“Extradition proceedings are summary in nature,” it said, emphasizing that courts should rely mainly on pleadings and certified documents unless witness testimony is necessary.
Before issuing an arrest warrant, the extradition court must determine probable cause and verify that the individual named is the same person identified in the foreign indictment or judgment. “If these requirements are met, the court shall issue a warrant of arrest which may be served anywhere in the Philippines,” the SC said.
Extraditees will be detained at National Bureau of Investigation (NBI) facilities or the nearest available jail, while courts may also issue hold departure orders “to prevent the extraditee from leaving the country, except for purposes of extradition.”
Bail may be granted only if the extraditee proves they are not a flight risk. “Bail shall not be allowed if the extraditee is being extradited to serve a sentence or has been convicted but not yet sentenced,” the SC said.
The rules also authorize provisional arrest before a formal extradition request is received, though the extraditee must be released if supporting documents are not filed within 60 days.
An extraditee who voluntarily surrenders waives the right to further proceedings, while any property linked to the case will be turned over to the requesting state. All costs of extradition proceedings will likewise be shouldered by the requesting state, unless provided otherwise in the treaty.
The rules were drafted by a technical working group led by Associate Justice Rodil V. Zalameda and Associate Justice Antonio T. Kho, Jr. — Erika Mae P. Sinaking
