EXPLAINER: PH's extradition law

A California court has recently ordered the unsealing of the arrest warrant against Pastor Apollo Quiboloy, the controversial leader of the Philippine-based Kingdom of Jesus Christ (KOJC), in connection with the cases he is facing in the United States.

The move could be the first step in initiating the extradition process by the US Department of Justice (DOJ) for Quiboloy, according to New York lawyer Lara Gregory.

Extradition, according to Article 4 of Presidential Decree (PD) No. 1069 or the Philippine Extradition Law, refers to the “removal of an accused… with the object of placing him at the disposal of foreign authorities,” while an extradition treaty refers to the agreement between the Philippines and other foreign states or governments.

The Philippines and the US signed an extradition treaty in November 1994, agreeing to extradite to each other certain individuals whom the authorities in the requesting state have charged with or convicted of an extraditable offense.

Under Article 4 of PD No. 1069, a request shall be made by the Foreign Diplomat of the requesting government and addressed to the Foreign Secretary.

The request must include an original or authentic copy of the decision or sentence imposed by the court of the requesting government or the criminal charge as well as the warrant of arrest issued by the requesting government.

Under the Philippine Extradition Law, once a request has been made, the Foreign Affairs Secretary will then forward it and the related documents to the Justice Secretary, who will then designate and authorize an attorney to take charge.

Following this, the assigned attorney will then file a written petition before a proper Court of First Instance with a prayer that the court take the request under consideration.

Upon receipt of the petition, the presiding judge of the Court will then summon the accused to appear and to answer the petition. It said a warrant for immediate arrest may also be issued should it appear to the judge that immediate arrest and detention will best serve the ends of justice. 

Once the court receives its answer from the accused or should the accused fail to answer within the time period, the judge will then set a date for the hearing, after which the court will render a decision granting the extradition, and giving his reasons upon showing of the existence of a prima facie case, or dismissing it.

According to the Philippine Extradition Law, the decision will then be served to the accused if he was not present during the hearing, and the clerk of court shall forward two copies to Foreign Affairs Secretary through the Department of Justice.

PH-US tug of war?

But with the Philippine DOJ pushing for the filing of charges against Quiboloy, what are the chances of his possible extradition to the US?

For National Union of Peoples’ Lawyers (NUPL) president Ephraim Cortez, there is a possibility for the US government to request for Quiboloy's extradition. However, if he is extradited, his cases in the country will be suspended.

“The Philippine government can actually raise that issue na they will be relinquishing jurisdiction over Quiboloy once he is extradited to the US, thereby preventing the Philippine government to prosecute him here in the Philippines,” Cortez told GMA News Online.

Cortez said the decision to extradite Quiboloy is a “political” one.

“It’s a political decision on the part of the Philippine government whether to allow Quiboloy to be extradited or tried in the US or maintain jurisdiction over him to be tried here in the Philippines. Sa tingin ko, it’s a political decision on the part of the Philippine government,” he said.

“Because it is up to the executive [branch of government] whether to allow the process of extradition to be initiated despite the pendency of criminal charges,” he later added.

Sought for comment, Justice spokesperson Mico Clavano said the DOJ has yet to receive a US extradition request from the Department of Foreign Affairs (DFA).

Asked if the government may deny an extradition request on the ground that Quiboloy is already facing charges in the country, Clavano said it is difficult to speak on hypothetical situations.

“The government’s goal is to attain Justice in whatever form and through the best forum. The decision to resolve came as a result of almost a year of verifying the evidence on record as well as the identity of the alleged victim,” he told reporters.

Quiboloy's legal troubles

Quiboloy was indicted by a federal grand jury in the United States District Court for the Central District of California for the charges of conspiracy to engage in sex trafficking by force, fraud, coercion, sex trafficking of children, conspiracy, and cash smuggling.

A federal warrant of arrest was issued against him in November 2021.

In the Philippines, both the Senate and the House of Representatives have issued subpoenas against him after he skipped the separate congressional hearings on the alleged abuses being linked to his religious group as well as controversies surrounding calls to revoke the franchise of Swara Sug Media Corporation, which runs and operates SMNI.

Quiboloy has denied the charges, and claimed in an audio message in February that "reliable sources" had told him that the US government is eyeing to conduct "rendition" on him instead of extradition.

With rendition, a suspect with an outstanding arrest warrant is forcibly abducted from another state, according to Oxford's definition. —KBK, GMA Integrated News