The Supreme Court (SC) for the first time has set a fixed deadline of 30 days for local courts to decide on extradition cases under the newly approved rules on extradition proceedings, which will come into effect from next month.
In a resolution dated April 8, 2025, and published on October 25, the SC en banc said the new rules were designed to make extradition proceedings “consistent, clear and efficient” by setting uniform procedures and timelines for warrants, bail and appeals.
The Supreme Court said, “The extradition court shall render its verdict within thirty (30) calendar days after the appearance of the final witnesses or receipt of final pleadings.” It said the change “ensures that extradition cases are resolved without delay and in accordance with due process.”
Previously, there was no fixed time frame for resolution of extradition cases, which often stretched for months or years.
The new rules also require the Court of Appeal to decide on the appeal within 90 days of the submission of the appeal, with its decision being considered final and immediately executable.
The High Court said the new framework is intended to make proceedings more efficient by focusing only on the legality of the extradition request and not on the guilt or innocence of the wanted person.
“Extradition proceedings are summary in nature,” it says, emphasizing that courts must rely primarily on pleadings and certified documents unless witness testimony is necessary.
Before issuing an arrest warrant, the extradition court must determine probable cause and verify that the person named is the same person identified in the foreign indictment or judgment. The Supreme Court said, “If these requirements are met, the Court will issue a warrant of arrest, which may be served anywhere in the Philippines.”
Extradited people will be detained in National Bureau of Investigation (NBI) facilities or the nearest available prison, while courts can also issue departure orders “to prevent the extradited person from leaving the country, except for the purposes of extradition.”
Bail can be granted only if the extradited person proves that he is not a flight risk. The Supreme Court said, “Bail will not be allowed if the extradited person is being extradited to serve his sentence or has been convicted but has not yet been sentenced.”
The rules also authorize provisional arrest before a formal extradition request is received, although the extradited person must be released if supporting documents are not filed within 60 days.
An extradited person who voluntarily surrenders waives the right to further proceedings, while any property associated with the case will be surrendered to the requesting State. All costs of extradition proceedings shall also be borne by the requesting State, unless otherwise provided in the Treaty.
The rules were drafted by a technical working group led by Associate Justice Rodil V. Zalameda and Associate Justice Antonio T. Kho, Jr. – Erica Mae P. Sinaking
