Facts:

The secretary of justice, Franklin Drilon, Representing the government of the Philippines
entered into an extradition treaty between the Government of U.S.

By virtue of the extradition treaty between the U.S. and the Philippines, the U.S. requested for
the extradition of Mark Jimenez for violations of US tax and election laws.

Pending evaluation of the extradition documents, Mark Jimenez requested for copies of the U.S
extradition request. In response, the secretary of justice denied the request.

On January 18, 2000, petitioner was ordered to furnish private respondent copies of the
extradition request and its supporting papers and to grant the latter reasonable period within
which to file his comment with supporting evidence.

On February 3, 2000, the petitioner filed an urgent motion for consideration.

Private respondent oppose petitioner’s urgent motion for reconsideration. He states that he
must be afforded the right to notice and hearing as required by our Constitution. He likens an
extradition proceeding to a criminal proceeding and the evaluation stage to a preliminary
investigation.

Issue: Whether or not the private respondent is entitled to the due process right to notice and
hearing during the evaluation stage of the extradition process