Secretary of Justice vs Hon. Ralph Lantion

written by Howard

 G.R. No. 139465 – 379 Phil. 165 – 322 SCRA 160 – Political Law – Constitutional Law – Bill of Rights – Due Process – Right to be informed of the charges

January 2000 En Banc Decision

Mark Jimenez was charged of multiple crimes ranging from tax evasion to wire tapping to conspiracy to defraud the USA. Jimenez was then wanted in the US. The US government, pursuant to the RP-US extradition treaty requested to have Jimenez be extradited there. Jimenez requested for a copy of the complaint against him as well as the extradition request by the USA. The DOJ sec refused to provide him copy thereof advising that it is still premature to give him so and that it is not a preliminary investigation hence he is not entitled to receive such copies. Jimenez sued the DOJ Sec and the lower court ruled in favor of Jimenez.

ISSUE: Whether or not Jimenez is deprived of due process.

HELD: The SC affirmed the ruling of the lower court. The case against Jimenez refer to an impending threat of deprivation of one’s property or property right. Involving as it does the possible deprivation of liberty, which, based on the hierarchy of constitutionally protected rights, is placed second only to life itself and enjoys precedence over property, for while forfeited property can be returned or replaced, the time spent in incarceration is irretrievable and beyond recompense.

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G.R. No. 139465 – 397 Phil. 423 – 343 SCRA 377 – Political Law – Bill of Rights – Due Process – Right to be informed of the charges – Not Available in Extradition Proceedings

October 2000 En Banc Resolution

The Secretary of Justice moved for reconsideration arguing, among others, that an extradition proceeding is unlike a preliminary investigation.

ISSUE: Whether or not to grant the motion.

HELD: Yes. The SOJ is correct. An extradition proceeding is a sui generis proceeding. A respondent in an extradition proceeding, like Jimenez, has no right to notice and hearing during the evaluation stage of the extradition process.

Further, a scrutiny of the implementing rules of the RP-US Extradition Treaty reveal that the proper time for Jimenez (extraditee) to receive a copy of the petition is after the filing of the petition for extradition in the extradition court and not during the evaluation process.

There is no provision in the RP-US Extradition Treaty and in P.D. No. 1069 (implementing law) which gives an extraditee the right to demand from the petitioner Secretary of Justice copies of the extradition request from the US government and its supporting documents and to comment thereon while the request is still undergoing evaluation.

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