MANILA — The Supreme Court has issued rules governing extradition proceedings for individuals in the Philippines facing criminal investigations or penalties abroad.

In a report, the rules will take effect 15 days after publication in the Official Gazette or a newspaper of general circulation, scheduled for November 10.

“This Rules shall apply to all proceedings related to Extradition, including applications for warrants of arrest or hold departure orders (HDO), whether provisional and precautionary or otherwise, and applications for bail,” the Supreme Court’s administrative order stated. The rules were adopted in an en banc resolution dated April 8, 2025.

Definition and scope of extradition
Extradition is defined as the transfer of an individual, or extraditee, from the Philippines to another country for prosecution or to serve a sentence. The new procedures provide clear guidelines for the issuance of warrants of arrest, HDOs, and bail during extradition proceedings.

Commencement and jurisdiction
Extradition proceedings begin when the “central authority,” the Secretary of Justice, or authorized state counsels from the Office of the Chief State Counsel file a verified petition with the designated extradition court. Once filed, the court gains exclusive jurisdiction over the case, regardless of the extraditee’s location.

The petition must meet all requirements outlined in the rules and include supporting documents certified by the requesting state’s principal diplomatic or consular officer in the Philippines, or as specified in the relevant treaty.

Extraditable offenses and dual criminality
Extradition is only allowed if the alleged offense is punishable under both Philippine law and the law of the requesting state. Differences in legal terminology or elements do not prevent extradition as long as the underlying act constitutes a crime in both jurisdictions.

If the extraditee is sought to serve a sentence, the remaining term must be at least six months.

Warrants, detention, and hold departure orders
Before issuing a warrant of arrest, the extradition court conducts an ex-parte review to determine whether the petition is sufficient in form and substance, complies with the law and treaty, and establishes probable cause that the individual committed an extraditable offense.

Upon finding probable cause, the court issues a nationwide enforceable warrant, which is also uploaded electronically. Arrested individuals are detained at the National Bureau of Investigation (NBI) facility nearest the court. The court may issue HDOs to prevent the person from leaving the country, except for extradition purposes.

Summary procedure and judgment
Extradition proceedings are summary in nature and do not assess the guilt or innocence of the accused. Judgments may be rendered based on pleadings and supporting documents. If witness testimony is needed, it must be completed in a single day. The court must issue its decision within 30 calendar days after the last witness is heard, or within 30 days from the filing of the last pleading if no witnesses are presented.

The petition must be granted if a prima facie case exists, confirming that the petition complies with the law and treaty, the extraditee is correctly identified, the offense is extraditable, and no mandatory grounds for refusal exist.

Bail
Bail during extradition proceedings is discretionary and is not automatically granted. It is generally denied if the person is sought to serve a sentence or has already been convicted. Bail may be considered only if the extraditee demonstrates they are not a flight risk and will comply with court orders.

If the extraditee faces local charges or is serving a local sentence, the execution of the extradition judgment may be postponed unless a local court permits temporary surrender.

Appeals
Appeals are filed with the Court of Appeals, which temporarily halts the execution of the decision. The appellate court is required to issue a decision within 90 calendar days, and its ruling is final and immediately executory.

Provisional arrest
In urgent cases, the Central Authority may direct the NBI to file an ex parte application for provisional arrest even before a formal extradition request is received. If the request is not submitted within 60 calendar days, or the period set in the treaty, the extraditee must be released or have their bail discharged.