Gov.

of the US vs Judge Puruganan

17, 2002

GR no. 148571

Sept 24, 2002; Dec

FACTS:
Pursuant to the existing RP-US Extradition Treaty, the United States
Government through diplomatic channels requested the extradition of Mark
Jimenez, also known as Mario Batacan Crespo. A petition for extradition was filed
with the RTC, but before the court could act, Jimenez filed before it an Urgent
Manifestation/ Ex-Parte Motion, which prayed that petitioners application for an
arrest warrant be set for hearing. This was granted by the Court. After hearing,
Jimenez submitted a required memorandum, which sought an alternative prayer:
that in case a warrant should issue, he be allowed to post bail in the amount of
P100, 000.

ISSUE:
Whether or not Jimenez is entitled to bail and to provisional liberty while the
extradition proceedings are pending.

HELD:
As suggested by the use of the word conviction, the constitutional provision
on bail, as well as Sec. 4 of Rule 114 of the Rules of Court applies only when a
person has been arrested and detained for violation of Philippine criminal laws. It
does not apply to extradition proceedings, because extradition courts do not render
judgements of conviction or acquittal.