CASE NO.

0061
TREATY OBLIGATION
SECRETARY OF JUSTICE vs. HON. RALPH C. LANTION

FACTS: Department of Justice had received from the Department of Foreign Affairs of
the United States a request for the extradiction of Private respondent Mark Jimenez to
the. Since he commited a violation of conspiracy to commit offense, attempt to evade
tax, fraud by wire radio and television, false statement and election contribution in the
name of Another. During the evaluation process of the extradiction, the private
respondent requested the petitioner, Secretary of Justice to provide him copies of the
extradition request from the US government that he should be given ample time to
comment regarding the extradition request against him after he shall have received
copies of the request paper, and to suspend the proceedings in the meantime.

ISSUE: Whether or not the respondent Mark Jimenez is entitled to the basic rights of
due process over the government’s duties under treaty?

RULING: Yes.He will be entitled to all the rights accorded by the Constitution and the
laws to any person whose arrest is being sought. The right of one state to demand from
another the return of an alleged fugitive from justice and the correlative duty to
surrender the fugitive to the demanding country exist only when created by a treaty
between the two countries. As between the Philippines and the United States, it must be
presumed that the contracting states perform their obligations under it with uberrimae
fidei, treaty obligations being essentially characterized internationally by comity and
mutual respect. In the context of the status of private respondent, there is really no
threat of any deprivation of his liberty at the present stage of the extradition process.
Hence, the constitutional right to due process particularly the right to be heard finds no
application. To grant Jimenez request for copies of the extradition documents and for an
opportunity to comment will constitute "over-due process" and unnecessarily delay the
proceedings.

MAIN POINTS: Treaty obligations are treated with mutual respect,every citizen is
entitled with its their rights.