The extradition treaty between the Philippines and Kingdom A expired after twenty years. During the negotiations for a new extradition treaty, Kingdom A requested for the extradition of its citizen who was hiding in the Philippines, in order that he may attend a legislative inquiry on large-scale online scamming allegedly involving such citizen. The online financial crimes are punishable by a heavy fine under the laws of Kingdom A. Should the extradition request be granted? Explain.
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Answer: No, the extradition request should not be granted. Legal Basis: Under Presidential Decree No. 1069 and settled jurisprudence (Gov't of HKSAR v. Muñoz), extradition is strictly treaty-based; without an active treaty in force, a State has no legal obligation to surrender a person. Furthermore, extradition is legally defined as the surrender of an individual solely for criminal prosecution or execution of a sentence, not for attending a legislative inquiry. Finally, under the double criminality principle
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Should the extradition request of Kingdom A be granted?
Under P.D. No. 1069 (Philippine Extradition Law) and public international law, extradition requires an active and binding extradition treaty between the requesting state and the requested state; in the absence of a treaty, there is no legal basis or obligation to extradite. Furthermore, extradition is strictly defined as the surrender of an accused or convicted individual for criminal prosecution or execution of a sentence, not to compel attendance as a witness in a legislative inquiry.