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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