8 the wounded and sick must be collected and cared

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Unformatted text preview: ests from the Philippines? A: 1. File/issue request through diplomatic representative with: a. Decision of conviction b. Criminal charge and warrant of arrest c. Recital of facts d. Text of applicable law designating the offense e. Pertinent papers 2. DFA forwards request to DOJ 3. DOJ files petition for extradition with RTC 4. Upon receipt of a petition for extradition and its supporting documents, the judge must study them and make, as soon as possible, a prima facie finding whether (a) they are sufficient in form and substance, (b) they show compliance with the Extradition Treaty and Law, and (c) the person sought is extraditable. At his discretion, the judge may require the submission of further documentation or may personally examine the affiants and witnesses of the petitioner. If, in spite of this study and examination, no prima facie finding is possible, the petition may be dismissed at the discretion of the judge. 5. On the other hand, if the presence of a prima facie case is determined, then the magistrate must immediately issue a warrant for the arrest of the extraditee, who is at the same time summoned to answer the petition and to appear at scheduled summary hearings. 6. 7. 8. 9. Hearing (provide counsel de officio if necessary); Appeal to CA within ten days whose decision shall be final and executory; Decision forwarded to DFA through the DOJ; Individual placed at the disposal of the authorities of requesting State – costs and expenses to be shouldered by requesting State. Q: Should the judge inform the potential extraditee of the pending petition for extradition prior to the issuance of warrant of arrest? A: No. Prior to the issuance of the warrant, the judge must not inform or notify the potential extraditee of the pendency of the petition, lest the latter be given the opportunity to escape and frustrate the proceedings. The foregoing procedure will “best serve the ends of justice” in extradition cases. Q: Cana State compel another State to extradite a criminal without going...
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This document was uploaded on 03/12/2014.

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