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Secretary of Justice vs Judge Lantion


On January 13, 1977, then President Ferdinand E. Marcos issued Presidential Decree No. 1069 "Prescribing the
Procedure for the Extradition of Persons Who Have Committed Crimes in a Foreign Country". The Decree is founded on:
the doctrine of incorporation under the Constitution; the mutual concern for the suppression of crime both in the state
where it was committed and the state where the criminal may have escaped; the extradition treaty with the Republic of
Indonesia and the intention of the Philippines to enter into similar treaties with other interested countries; and the need
for rules to guide the executive department and the courts in the proper implementation of said treaties. On November
13, 1994, then Secretary of Justice Franklin M. Drilon, representing the Government of the Republic of the Philippines,
signed in Manila the "Extradition Treaty Between the Government of the Republic of the Philippines and the
Government of the United States of America. On June 18, 1999, the Department of Justice received from the
Department of Foreign Affairs U.S. Note Verbale No. 0522 containing a request for the extradition of private respondent
Mark Jimenez to the United States.

Issue: Whether or not there is a conflict between between the treaty and the due process clause in the Constitution?


O.En contrario, these two components of the law of the land are not pined against each other. There is no
occasion to choose which of the two should be upheld. Instead, we see a void in the provisions of the RP-US Extradition
Treaty, as implemented by Presidential Decree No. 1069, as regards the basic due process rights of a prospective
extraditee at the evaluation stage of extradition proceedings. From the procedures earlier abstracted, after the filing of
the extradition petition and during the judicial determination of the propriety of extradition, the rights of notice and
hearing are clearly granted to the prospective extraditee. However, prior thereto, the law is silent as to these rights.
Reference to the U.S. extradition procedures also manifests this silence. In the absence of a law or principle of law, we
must apply the rules of fair play. An application of the basic twin due process rights of notice and hearing will not go
against the treaty or the implementing law. Neither the Treaty nor the Extradition Law precludes these rights from a
prospective extraditee. The doctrine of incorporation is applied whenever municipal tribunals (or local courts) are
confronted with situations in which there appears to be a conflict between a rule of international law and the provisions
of the constitution or statute of the local state. Efforts should first be exerted to harmonize them, so as to give effect to
both since it is to be presumed that municipal law was enacted with proper regard for the generally accepted principles
of international law in observance of the observance of the Incorporation Clause in the above-cited constitutional
provision. PETITION is DISMISSED for lack of merit.