- 1. Angelica Butawan
Jaclyn Feliciano
- 2. Extradition is a process by which a person accused
or convicted of a crime and is formally transferred
to a State where he is wanted for trial or to serve
his sentence.
- 3. The principle of double criminality means that the
extradition is available only when the act is an offense
in both jurisdictions.
The principle of speciality, an extradited individual can
be tried only for offenses specified in the extradition
request the object of this principle is to prevent
blanket extradition requests.
The requesting state pledges to judge the requested
person only for the crime for which extradition was
requested, and not for any other.
- 4. The political exception is not required by
international law, and must be clearly
distinguished from provisions in domestic law or
mutual legal assistance or extradition treaties that
assistance of extradition may be refused if the real
purpose of a request is to prosecute or persecute
the person for his political opinion rather than the
crime itself.
- 5. Each member state must comply with a request from
a court or prosecutor of another member state for the
execution of an arrest warrant issued by him for a
person accused of an offence carrying a minimum
sentence of twelve months’ imprisonment.
The arrest warrant need only contain a description of
the circumstances in which the offence was
committed
The judicial authorities, not the executive, decide on
the request.
- 6. Extraditable offenses are those punishable under the
laws of both Parties by imprisonment or deprivation
of liberty.
A crime is considered non-extraditable if the laws of
both countries are not the same and if both countries
don’t have an established treaty.
- 7. Jose Maria Sison is founder and
chairman of the Central
Committee of the Communist
Party of the Philippines and a
member of Partido Komunista
ng Pilipinas.
During his time the CPP
organized the Party’s military
wing, the New People’s Army
(NPA).
Since then, the NPA has waged
guerrilla warfare on Maoist lines
against the government of
President Marcos.
Sison went into exile in
the Netherlands after the
Marcos regime ended.
- 8. He had already been released from prison by the
government of Corazón Aquino for the sake of
"national reconciliation" and for his role in opposing
Marcos.
Upon his release, Sison and his followers actively
sought to discredit the Aquino government in
the European media by speaking out on
Aquino's human rights violations including
the Mendiola Massacre, in which members of the
military were accused of firing on unarmed
- 9. The International Crime Investigation Team of the
Dutch National Criminal Investigation Department
arrested Jose Maria Sison in Utrecht on August 28,
2007.
Sison was arrested for his involvement from the
Netherlands in three assassinations that took place in
the Philippines, the murder on Romulo Kintanar in
2003, and the murders of Arturo Tabara and Stephen
Ong in 2006.
- 10. With treaty, the convicted person is transferred to the
requesting state to undergo the trial base upon the
practice of the state.
Atong Ang Case: Extradition from US to Philippines.
Charlie "Atong" Ang was a close associate of former
President Joseph Estrada. He is a co-accused in the
plunder case against Estrada, the latter's son Sen. Jose
"Jinggoy," and lawyer Edward Serapio.
A year later, he was freed on a $300,000 bail and
placed under house arrest
- 11. Judge Lawrence Leavitt of the US District Court in
Nevada ruled on September 18, 2006 that Ang should
be extradited to the Philippines to face plunder
charges against him.
He arrived in Manila in November 10, 2006.
- 12. The Jose Maria Sison Case
Gonzales and Foreign Undersecretary Rafael Seguis
said that due to the absence of an extradition treaty
with the Netherlands, the Philippine government
would wait for the Dutch resolution of Sison’s double
murder case before moving to seek his return to the
country.
- 13. References
Aust, A. (2005). Handbook of International Law. New
York: Cambridge University Press.
Balana, A. P.-J. (2007, August 30). The Arrest of Joma
Sison. Retrieved November 12, 2010, from Inquirer:
http://www.inquirer.net/specialfeatures/jomasison/vi
ew.php?db=1&article=20070830-85482
Santiago, J. R. (2005). International Law and World
Organizations. Quezon City: Central Lawbook
Publishing CO., INC.