UST
Law Review
RP-US
EXTRADITION TREATY: IMPARTIAL OR PLAYING FAVORITES?
By: Heiddi Venecia R. Barrozo
Abstract
Calls to re-examine the Philippine Extradition Treaty with the United
States arose following the
Philippines’ failure to extradite Rod Lauren Strunk, suspected to
be the mastermind behind the murder of his actress-wife Nida Blanca. Despite
the extradition of Manila Congressman Mark Jimenez to face several criminal
charges in the US, the latter failed to reciprocate the same in the case
of Strunk who would have been the very first American national to be extradited
to the Philippines. Does the treaty then unduly favor the US?
A reading of the treaty would show no basis for the contention that the
accord favors the US,
but the disparities in the procedure of extraditing fugitives under Philippine
and US laws place the two countries on unequal footing. The more complex
procedure and the greater degree of proof required by the US makes the
extradition of an individual from the United States a more difficult task
as compared to the extradition of an individual found in the Philippines.
This demonstrates the two countries’ unequal opportunity for extraditing
fugitives under the same extradition treaty. There is no need to amend
the provisions of the treaty itself but a more identical enforcement of
the treaty and a less demanding procedure for the extradition of individuals
from the US to the Philippines would be ideal.
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