Tuesday, September 23, 2008

Govt of Hongkong vs Judge Olalia

Extradition case

Govt of Hongkong vs Judge Olalia

Honored principle of pacta sunt servanda demands that the Philippines honor its obligations under the Extradition Treaty it entered into with the Hong Kong Special Administrative Region, Failure to comply with these obligations is a setback in our foreign relations and defeats the purpose of extradition. However, it does not necessarily mean that in keeping with its treaty obligations, the Philippines should diminish a potential extradites’ rights to life, liberty, and due process. Where these rights are guaranteed, not only by our Constitution, but also by international conventions, to which the Philippines is a party.

We should not deprive an extraditee of his right to apply for bail, provided that a certain standard for the grant is satisfactorily met.

An extradition proceeding being sui generis, the standard of proof required in granting or denying bail can neither be the proof beyond reasonable doubt in criminal cases nor the standard of proof of preponderance of evidence in civil cases. While administrative in character, the standard of substantial evidence used in administrative cases cannot likewise apply given the object of extradition law which is to prevent the prospective extradite from fleeing our jurisdiction.

“clear and convincing evidence” should be used in granting bail in extradition cases

The potential extradite must prove by “clear and convincing evidence” that he is not a flight risk and will abide with all the orders and processes of the extradition court.














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