The Supreme Court (SC) has approved the Rules on Extradition Proceedings, a new framework aimed at making extradition cases more consistent, efficient, and transparent in the country’s judicial system.
In a resolution dated April 8, 2025, the Court En Banc adopted A.M. No. 22-03-29-SC, which sets out comprehensive procedures for handling extradition petitions—including applications for warrants of arrest, hold departure orders, and bail—to ensure uniformity in processing requests from foreign governments.
The rules, which take effect on November 10, 2025, fifteen days after their publication on October 25, apply to all pending extradition cases.
Under the newly approved rules, extradition is defined as “the removal of an extraditee from the Philippines to place them at the disposal of foreign authorities for criminal investigation or to serve a penalty imposed under the requesting country’s law.”
The Court stressed that extradition proceedings are “sui generis and summary in nature,” meaning they do not determine guilt or innocence but only assess whether the request complies with Philippine law and the applicable treaty, and whether the person sought is extraditable.
According to the rules, extradition is allowed only when the alleged act constitutes a crime in both jurisdictions, even if described differently, and may be granted only if the remaining sentence to be served is at least six months.
The SC explained that before issuing a warrant of arrest, the extradition court must first determine ex parte that the petition is sufficient in form and substance, complies with the law and the applicable treaty, and is supported by probable cause.
Once issued, the warrant may be served anywhere in the country and uploaded electronically for nationwide enforcement, while arrested individuals shall be detained at the nearest National Bureau of Investigation (NBI) facility.
Moreover, the Court said the extradition court may, upon request, issue a hold departure order to prevent the extraditee from leaving the Philippines except for purposes of extradition.
To ensure faster proceedings, the SC explained that the rules limit pleadings and prohibit delaying motions, allowing courts to decide cases based solely on authenticated documents. If testimonies are required, witnesses must be fully examined in one day, and the court must render its decision within 30 days after the final hearing or receipt of the last pleading.
The rules further provide that a petition for extradition shall be granted if a prima facie case is established showing compliance with the law and treaty, proper identification of the extraditee, the existence of an extraditable offense, and the absence of any ground for refusal under the applicable treaty or international law.
However, execution of the judgment may be postponed if the extraditee is facing or serving a sentence for another offense in the Philippines, although temporary surrender may be allowed upon court approval.
In addition, the SC clarified that decisions of the extradition court may be appealed to the Court of Appeals, which must resolve the case within 90 days from submission. Bail is discretionary and may be granted only if the extraditee proves by clear and convincing evidence that they are not a flight risk and will comply with all court orders.
For urgent situations, the rules authorize the Central Authority to request a provisional arrest even before receiving the formal extradition request. If the request and supporting documents are not filed within 60 days, the extraditee shall be released but may later be rearrested once the documents are submitted.
The SC likewise stated that an extraditee may voluntarily surrender by filing a notarized affidavit waiving their right to extradition proceedings, after which the court may immediately order their turnover to the requesting state.
Once the extradition becomes final, custody of the person—and any related property connected to the offense—shall be transferred to the requesting state, which will also shoulder all expenses in the proceedings unless otherwise provided by treaty.
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