Supreme Court Approves Rules on Extradition Proceedings

On October 27, 2025, the Supreme Court issued a press release on the approval of the Rules on Extradition Proceedings (A.M. No. 22-03-29-SC). The Rules were approved by the Supreme Court in a Resolution on April 8, 2025 with the aim of streamlining extradition proceedings. The Rules apply to all proceedings related to extradition, including applications for warrants of arrest or hold departure orders, whether provisional and precautionary or otherwise, and applications for bail. The Rules took effect on November 10, 2025.

 

Section 3 of the Rules defined extradition as the removal of an extraditee from the Philippines with the object of placing them at the disposal of foreign authorities to enable the requesting state to hold the extraditee in connection with any criminal investigation directed against them or for the execution of a penalty imposed under the penal or criminal law of the requesting state.

 

The Rules discuss that to be considered an extraditable offense the act or omission must fulfill the requirement of dual criminality under the applicable extradition treaty by the offense being punishable under the laws of both the Philippines and the requesting state.

 

The process for extradition was discussed to commence from the filing of a verified petition by the central authority before the Extradition Court. The Extradition Court shall then conduct an ex parte review of the petition to determine whether the petition is sufficient in form and substance, complies with the law and the applicable extradition treaty and there is probable cause that:

 

1.the extraditee is the same person identified in the warrant of arrest, indictment, or judgment issued by the requesting state;

2.the offense involved is an extraditable offense; and

3. the extraditee committed the offense subject of the warrant of arrest, indictment of judgment issued by the requesting state.

 

If the requisites are satisfied, the Extradition Court shall then issue a warrant of arrest against the extraditee but if not then the petition shall be dismissed. The Extradition Court may also issue a Hold Departure Order to prevent attempts by the extraditee from departing from the Philippines, except for the purpose of extradition.

 

Upon issuance of a notice of arrest, the Extradition Court will direct the clerk of court to issue summons to be served on the extraditee and he will be given 15 calendar days from receipt of summons to file a verified answer containing his affirmative defenses, with failure to raise these in the answer constituting a waiver of such.

 

Section 12 of the Rules provides that the hearings shall be conducted in open court, unless the extraditee or the petitioner requests, with leave of court, that it be conducted in chambers, such as when the matter to be heard involves any of the following:

 

1. National security;

2. Privileged information;

3. A minor; or

4. Any analogous circumstances, as determined by the Extradition Court.

 

The Extradition Court will render judgment within 30 calendar days from the date the last witness is presented, if the Extradition Court allows the presentation of witnesses. On the other hand, if no witnesses are presented, the Extradition Court will render judgment within 30 calendar days from the receipt of the last pleading or upon expiration of the period for its filing.

 

Any party may then appeal the decision of the Extradition Court with the Court of Appeals within 10 calendar days from receipt of the decision, with the appeal staying the execution of the decision of the Extradition Court.

 

Temporary surrender to the requesting state may also be requested by the Central Authority with the court where the criminal case is pending when the judgment granting extradition cannot be enforced due to the extraditee having a pending criminal case in the Philippines. In addition, the extraditee may also consent to voluntary surrender to their extradition while under provisional arrest, during the pendency of the extradition proceedings or at any time before the judgement or order granting the petition for extradition becomes final.

 

The Rules also provide for the procedure for application and grant of bail during the pendency of the extradition proceeding as well as the issuance of a warrant of provisional arrest of the extraditee, should the need arise.

 

When the decision granting the petition for extradition becomes final and executory, the Rules provide that jurisdiction over the extraditee will then be turned over to the authorities of the requesting state at the time and place to be determined and made known to the Extradition Court by the Central Authority, in consultation with the Executive Authority and the Requesting State.

 

The Supreme Court press release may be viewed here.

The full rules may be viewed here.