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    Case 5 Secretary of Justice Vs Lantion

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    Jairus Adrian Vilbar
    This case involves a petition for review of a Manila Regional Trial Court decision regarding the extradition of Mark Jimenez to the United States. The Department of Justice received an extradition request from the US for Jimenez regarding charges of conspiracy, tax evasion, wire fraud, and false statements. The DOJ denied Jimenez's request for documents and time to assess the extradition request during their evaluation. The RTC ruled in favor of Jimenez, requiring the DOJ to provide documents and conduct further proceedings. The issue is whether Jimenez's right to notice and hearing during evaluation breaches the Philippines' obligations under its extradition treaty with the US. The Supreme Court ruled that the human rights of individuals take precedence over treaty obligations

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    Case 5 Secretary of Justice Vs Lantion

    Uploaded by

    Jairus Adrian Vilbar
    307 views2 pages
    This case involves a petition for review of a Manila Regional Trial Court decision regarding the extradition of Mark Jimenez to the United States. The Department of Justice received an extradition request from the US for Jimenez regarding charges of conspiracy, tax evasion, wire fraud, and false statements. The DOJ denied Jimenez's request for documents and time to assess the extradition request during their evaluation. The RTC ruled in favor of Jimenez, requiring the DOJ to provide documents and conduct further proceedings. The issue is whether Jimenez's right to notice and hearing during evaluation breaches the Philippines' obligations under its extradition treaty with the US. The Supreme Court ruled that the human rights of individuals take precedence over treaty obligations

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    Case 5 Secretary of Justice vs Lantion

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    This case involves a petition for review of a Manila Regional Trial Court decision regarding the extradition of Mark Jimenez to the United States. The Department of Justice received an extradition request from the US for Jimenez regarding charges of conspiracy, tax evasion, wire fraud, and false statements. The DOJ denied Jimenez's request for documents and time to assess the extradition request during their evaluation. The RTC ruled in favor of Jimenez, requiring the DOJ to provide documents and conduct further proceedings. The issue is whether Jimenez's right to notice and hearing during evaluation breaches the Philippines' obligations under its extradition treaty with the US. The Supreme Court ruled that the human rights of individuals take precedence over treaty obligations

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    307 views2 pages

    Case 5 Secretary of Justice Vs Lantion

    Uploaded by

    Jairus Adrian Vilbar
    This case involves a petition for review of a Manila Regional Trial Court decision regarding the extradition of Mark Jimenez to the United States. The Department of Justice received an extradition request from the US for Jimenez regarding charges of conspiracy, tax evasion, wire fraud, and false statements. The DOJ denied Jimenez's request for documents and time to assess the extradition request during their evaluation. The RTC ruled in favor of Jimenez, requiring the DOJ to provide documents and conduct further proceedings. The issue is whether Jimenez's right to notice and hearing during evaluation breaches the Philippines' obligations under its extradition treaty with the US. The Supreme Court ruled that the human rights of individuals take precedence over treaty obligations

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 2

    SECRETARY OF JUSTICE, petitioner,

    vs.

    HON. RALPH C. LANTION, Presiding Judge, Regional Trial Court of Manila, Branch 25, and MARK B.
    JIMENEZ, respondents.

    Facts:

    This is a petition for review of a decision of the Manila Regional Trial Court (RTC). The Department of
    Justice received a request from the Department of Foreign Affairs for the extradition of respondent
    Mark Jimenez to the U.S. The Grand Jury Indictment. The warrant for his arrest, and other supporting
    documents for said extradition were attached along with the request. Charges include:

    Conspiracy to commit offense or to defraud the US

    Attempt to evade or defeat tax

    Fraud by wire, radio, or television

    False statement or entries

    Election contribution in name of another

    The Department of Justice (DOJ), through a designated panel proceeded with the technical evaluation
    and assessment of the extradition treaty which they found having matters needed to be addressed.
    Respondent, then requested for copies of all the documents included in the extradition request and for
    him to be given ample time to assess it. The Secretary of Justice denied request on the following
    grounds:

    He found it premature to secure him copies prior to the completion of the evaluation. At that point in
    time, the DOJ is in the process of evaluating whether the procedures and requirements under the
    relevant law (PD 1069 Philippine Extradition Law) and treaty (RP-US Extradition Treaty) have been
    complied with by the Requesting Government. Evaluation by the DOJ of the documents is not a
    preliminary investigation like in criminal cases making the constitutionally guaranteed rights of the
    accused in criminal prosecution inapplicable.

    The U.S. requested for the prevention of unauthorized disclosure of the information in the documents.

    The department is not in position to hold in abeyance proceedings in connection with an extradition
    request, as Philippines is bound to Vienna Convention on law of treaties such that every treaty in force is
    binding upon the parties.

    Mark Jimenez then filed a petition against the Secretary of Justice. RTC presiding Judge Lantion favored
    Jimenez. Secretary of Justice was made to issue a copy of the requested papers, as well as conducting
    further proceedings. Thus, this petition is now at bar.

    Issue:

    Whether or not respondent’s entitlement to notice and hearing during the evaluation stage of the
    proceedings constitute a breach of the legal duties of the Philippine Government under the RP-US
    Extradition Treaty.

    Ruling:

    No. The human rights of person, Filipino or foreigner, and the rights of the accused guaranteed in our
    Constitution should take precedence over treaty rights claimed by a contracting state. The duties of the
    government to the individual deserve preferential consideration when they collide with its treaty
    obligations to the government of another state. This is so although we recognize treaties as a source of
    binding obligations under generally accepted principles of international law incorporated in our
    Constitution as part of the law of the land.

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