Gov.

Of USA vs Purganan

Facts:

The petition at bar seeking to void and set aside the Orders issued by the
Regional Trial Court (RTC) of Manila, Branch 42. The first assailed Order set
for hearing petitioner’s application for the issuance of a warrant for the arrest
of Respondent Mark B. Jimenez.

Pursuant to the existing RP-US Extradition Treaty, the US Government requested

the extradition of Mark Jimenez. A hearing was held to determine whether a
warrant of arrest should be issued. Afterwards, such warrant was issued but the
trial court allowed Jimenez to post bail for his provisional liberty.

Issue/s:

Whether or not the right to bail is available in extradition proceedings

Discussions:

The constitutional right to bail “flows from the presumption of innocence in

favor of every accused who should not be subjected to the loss of freedom as
thereafter he would be entitled to acquittal, unless his guilt be proved beyond
reasonable doubt.” It follows that the constitutional provision on bail will not apply
to a case like extradition, where the presumption of innocence is not at issue.

Ruling/s:

No. The court agree with petitioner. As suggested by the use of the word
“conviction,” the constitutional provision on bail quoted above, as well as
Section 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
judgments of conviction or acquittal.

 
It is also worth noting that before the US government requested the extradition
of respondent, proceedings had already been conducted in that country.
But because he left the jurisdiction of the requesting state before those
proceedings could be completed, it was hindered from continuing with the due
processes prescribed under its laws. His invocation of due process now has
thus become hollow. He already had that opportunity in the requesting state;
yet, instead of taking it, he ran away.

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