(Case No. 127) : Prepared By: Cecille Diane DJ. Mangaser
(Case No. 127) : Prepared By: Cecille Diane DJ. Mangaser
127)
impression from the records submitted before him to make an initial determination of
whether the accused was someone who should be immediately arrested in order to best
serve the ends of justice.
A prima facie existence of probable cause is already evident and the need to issue
the arrest warrant may be determined from the Petition itself and the supporting
documents. Sending to persons sought to be extradited a notice of the request for the
arrest and setting it for hearing on a future date would give them ample opportunity
to prepare and execute an escape. Neither the treaty, nor the law could have intended
that consequence, the purpose of both would have been defeated by the escape of the
accused from the requested State.
If the presence of a prima facie case is determined, the magistrate must
immediately issue a warrant of arrest of the extradite. The judge must not inform the
potential extradite of the pendency of the petition, lest he be given the opportunity
to escape and frustrate the proceedings.
2. No. The Constitutional provision on bail applies only when a person has been
arrested and detained for the violation of Philippine Criminal Laws. It does not
apply to extradition proceedings, because extradition courts do not render judgments of
conviction or acquittal.