Gov. of Hongkong Special Administrative Region vs. Hon. Felixberto Olalia

G.R. No. 153675

Gov. of Hongkong Special Administrative Region vs. Hon. Felixberto Olalia


FACTS:

Juan Antonio Munoz, who was charged before the Hongkong Court with three (3) counts of the offense of “accepting an advantage as an agent”, conspiracy to defraud, was penalized by a common law of Hongkong. A warrant of arrest was issued and if convicted, he may face jail terms.

On September 23, 1999, He was arrested and detained.

On November 22, 1999, Hongkong Special Administrative Region filed with the RTC of Manila a petition for his extradition.

Juan Antonio Munoz filed a petition for bail, which Judge Felixberto Olalia granted.

Petitioner (Hongkong Administrative), filed a petition to vacate such order, but it was denied by the same judge.

ISSUE:

Whether or not Juan Antonio Munoz has the right to post bail when there is nothing in the Constitution or Statutory law providing a potential extradite a right to bail.

HELD:

The Philippines committed to uphold the fundamental human rights as well as value the worth and dignity of every person (Sec. 2 Art II 1987 Constitution) have the obligation to make available to every person under detention such remedies which safeguard their fundamental right to liberty.

The right of a prospective extraditee to apply for bail must be viewed in the light of the various 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.

While our extradition law does not provide for the grant of bail to an extradite, however, there is no provision prohibiting him or her from filing a motion for bail, aright to due process under the Constitution.

The time-honored principle of pacta sunt servanda demands that the Philippines honor its obligations under the Extradition Treaty it entered into with the Hongkong Special Administrative Region. Failure to comply with these obligations is a setback in our foreign relations and defeats the purpose of extradition.