The Supreme Court (SC) has approved the Rules on Extradition to expedite the proceedings, including applications for warrants of arrest, hold departure orders, and bail.

Extradition is the removal of the extraditees from the Philippines (the Requested State) to place them at the disposal of foreign authorities (the Requesting State) to hold them in connection with a criminal investigation directed against them or for the execution of a penalty under the penal or criminal law of the Requesting State.

An extraditee is any individual in the Philippines or suspected to be within its territory, whose extradition, or provisional arrest for the purpose of extradition, is requested by the Requesting State.

The Philippines has extradition treaties with Australia, Canada, China, Hong Kong, India, Indonesia, South Korea, Micronesia, Russia, Spain, Switzerland, Thailand, United Kingdom, United States, and most recently with the United Arab Emirates.

In a summary of the rules, the SC’s Office of the Spokesperson said that extradition proceedings are conducted to verify whether the request complies with applicable laws and treaty, and to assess if the individual is extraditable.

It said extradition proceedings are summary in nature and do not involve a determination of the guilt or innocence of the extraditee.

However, the SC pointed out that extradition is permitted only when the crime is punishable under both Philippine law and the law of the Requesting State.

It said that even if the terminology or the elements of the offense differ under the said laws, extradition can still be granted if the act is considered a crime in both countries and satisfy the elements of the offense in each jurisdiction.

The SC said if the extraditee is wanted to serve a sentence of imprisonment or other deprivation of liberty, extradition will only be allowed if the remaining sentence to be served is at least six months.

It explained that an action for extradition is commenced when the Secretary of Justice or any designated authorized state counsels of the Office of the Chief State Counsel files a verified petition with the extradition court.

Once filed, that court has exclusive jurisdiction over the case, even if the extraditee moves to a different location or residence, it said.

The petition must contain the information laid down in the Rules, and must include supporting documents certified by the principal diplomatic or consular officer of the Requesting State in the Philippines, or as provided in the applicable extradition treaty.

Before issuing warrants of arrest, the extradition court must review the petition ex parte (on its own) to check if it is sufficient in form and substance; complies with the law and the applicable extradition treaty; and there is probable cause that: the person named is the same one identified in the warrant of arrest, indictment, or judgment issued by Requesting State, the offense is an extraditable offense, and the person committed the offense.

If these requirements are met, the Rules state that the court will issue a warrant of arrest which can be served anywhere in the Philippines. The warrant will also be uploaded electronically for nationwide enforcement.

If arrested, the extraditee must be detained at a National Bureau of Investigation (NBI) detention facility in the city or province where the court is located, or, if unavailable, at a detention facility nearest to the court.

The SC said that the court may also issue hold departure orders, upon request, to prevent the extraditee from leaving the country, except for purposes of extradition.

The testimonies of witnesses must not be required and judgment may be rendered based solely on the pleadings and documents, it said.

However, if the presentation of testimonies is found necessary by the extradition court, witnesses must be fully examined in one day, it also said.

If the extradition court allows the presentation of witnesses, it must render judgment within 30 calendar days after the last witness is presented, the rules state.

In case no witnesses are presented, the extradition court must render judgment within 30 calendar days from receipt of the last pleading, or upon expiration of the period for its filing.

The petition must be granted if a prima facie case exists showing that: (a) the petition complies with the law and the treaty; (b) the extraditee is the same person identified in the warrant of arrest, indictment, or judgment issued by the Requesting State; (c) the offense is an extraditable offense; (d) the extraditee committed the offense; and (e) none of the grounds for mandatory refusal under the treaty or international law and conventions raised by the extraditee exists.

If the extraditee is also facing criminal charges or serving a sentence in the Philippines for an offense other than the one for which extradition is requested, execution of the extradition judgment may be postponed unless the court handling the local criminal case, upon request, allows the temporary surrender of the extraditee to the Requesting State.

Appeals in extradition cases may be filed with the Court of Appeals (CA), which will stop the execution of the extradition decision.

The CA must decide within 90 calendar days from the time the appeal is submitted for resolution, and its decision will be final and immediately executory.

Bail during extradition proceedings is subject to the court’s discretion. It will not be granted if the extraditee is being extradited to serve a sentence or has been convicted but not yet sentenced.

Bail may be granted only if the extraditees prove that they are not a flight risk and will follow all court orders.

If there is an urgent need to arrest the extraditee before receipt of a request for extradition, the Office of the Chief State Counsel may instruct the NBI to file an ex parte application for provisional arrest with the court where the extraditee resides, or if unknown, that which has jurisdiction over the place.

If the requests for extradition and its supporting documents are not submitted within 60 calendar days from the provisional arrest of the extraditee, or within the period stated in the treaty, the rules state that the extraditee will be automatically released or their bail discharged, but may be rearrested if a request for extradition is later submitted.

If the extraditees voluntarily surrender, they waive their right to extradition proceedings by filing a notarized affidavit of waiver.

Once extradition is granted, jurisdiction over the extraditee must be turned over to the Requesting State.

Any property found in the extraditee’s possession and which relate to the evidence or fruits of the offense, or as specified in the treaty, must also be surrendered to the Requesting State upon order of the extradition court.

All costs of the extradition proceedings will be paid by the Requesting State, unless stated otherwise in the treaty.

The Rules, which apply to all pending extradition proceedings, including applications for warrants of arrest, hold departure orders, and bail, were drafted by the Technical Working Group headed by SC Associate Justice Rodil V. Zalameda as chairperson and Associate Justice Antonio T. Kho, Jr. as vice chairperson.

The Rules will take effect on Nov. 10, 2025, 15 days after its publication on Oct. 25, 2025.