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    This case discusses whether a potential extraditee has the right to bail. The court ruled that based on international human rights laws and treaties, a potential extraditee has the right to apply for bail. The presumption lies in favor of human liberty, and international law places primacy on protecting human rights. Granting bail in deportation cases, the court saw no reason why it should not also be allowed in extradition cases, as both are administrative proceedings where guilt is not at issue. The right of a potential extraditee to apply for bail must be viewed in light of the Philippines' treaty obligations to respect and promote human rights.

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    CASEDIGEST

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    This case discusses whether a potential extraditee has the right to bail. The court ruled that based on international human rights laws and treaties, a potential extraditee has the right to apply for bail. The presumption lies in favor of human liberty, and international law places primacy on protecting human rights. Granting bail in deportation cases, the court saw no reason why it should not also be allowed in extradition cases, as both are administrative proceedings where guilt is not at issue. The right of a potential extraditee to apply for bail must be viewed in light of the Philippines' treaty obligations to respect and promote human rights.

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    19 views1 page

    Case Digest

    Uploaded by

    Vanessajane Baloran
    This case discusses whether a potential extraditee has the right to bail. The court ruled that based on international human rights laws and treaties, a potential extraditee has the right to apply for bail. The presumption lies in favor of human liberty, and international law places primacy on protecting human rights. Granting bail in deportation cases, the court saw no reason why it should not also be allowed in extradition cases, as both are administrative proceedings where guilt is not at issue. The right of a potential extraditee to apply for bail must be viewed in light of the Philippines' treaty obligations to respect and promote human rights.

    Copyright:

    © All Rights Reserved
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    of 1

    Government of Hong Kong Special Administrative Region vs.

    Olalia, GR 153675, 19 April 2007

    CASE DIGEST
    FACTS:
    Private respondent Muñoz was charged before the metropolis Court with three (3) counts of the
    offense of “accepting a plus as an agent,” in violation of Section 9 (1) of the Prevention of
    Bribery Ordinance, Cap. Petitioner city Special Administrative Region filed with the RTC of
    Manila petition for the extradition of non-public respondents. After hearing, Judge Bernardo, Jr.
    issued an Order denying the bail petition, holding that there is no Philippine law granting bail in
    extradition cases which private respondent might be a high “flight risk.” The private respondent
    filed a motion for reconsideration of the Order denying his bail application. The bail application
    was granted by the respondent judge. Petitioner filed an urgent motion to vacate the above Order,
    but it absolutely was denied.
    ISSUES:

    Whether or not a potential extradite has a right to bail.

    RULING:
    The modern trend public law of nations is that the primacy placed on the value of the person and
    also the sanctity of human rights. On a more positive note, also after warfare II, both
    international organizations and states gave recognition and importance to human rights. Thus, on
    1948 December 10, the international organization General Assembly adopted the Universal
    Declaration of Human Rights during which the proper to life, liberty, and every one the opposite
    fundamental rights of each person was proclaimed. While not a treaty, the principles contained
    within the said Declaration are now recognized as customarily binding upon the members of the
    international community. Thus, in Mejoff vs. Director of Prisons, this Court, in granting bail to a
    prospective deportee, held that under the Constitution, the principles outlined therein Declaration
    are a part of the law of the land. Fundamental among the rights enshrined therein are the rights of
    each person to life, liberty, and due process of law.
    If bail is granted in deportation cases, we see no justification why it mustn't even be allowed in
    extradition cases. After all, both are administrative proceedings where the innocence or guilt of
    the person detained isn't within the issue. The right of a prospective extradite to use for bail
    during this jurisdiction must be viewed in light of the many treaty obligations of the Philippines
    concerning respect for the promotion and protection of human rights. Under these treaties, the
    presumption lies in favor of human liberty. Thus, the Philippines should see thereto that the
    proper to liberty of each individual isn't impaired.

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