Facts
Private respondent Muñoz was charged in Hong Kong with three counts of accepting advantage as an agent and seven counts of conspiracy to defraud. Warrants of arrest were issued. The Hong Kong Department of Justice requested his provisional arrest from the Philippine DOJ, which in turn sought such arrest from the RTC through the NBI. The RTC issued the order, and Muñoz was arrested and detained.
Muñoz questioned the validity of his arrest, and the Court of Appeals declared the arrest void. The DOJ elevated the case to the Supreme Court, which upheld the validity of the provisional arrest.
Meanwhile, the Hong Kong Special Administrative Region filed a petition for Muñoz’s extradition with the RTC. Muñoz applied for bail, which petitioner opposed. The RTC initially denied his application, holding that no Philippine law granted bail in extradition cases and that Muñoz posed a high flight risk. Upon reconsideration, however, the RTC granted bail. This led to the present petition.
ISSUE: Whether an extraditee may be allowed to post bail.
Ruling
YES.
Although P.D. No. 1069 (Philippine Extradition Law) does not expressly grant the right to bail in extradition cases, it does not prohibit such application. The constitutional guarantee of due process requires that the right to seek bail be available.
Extradition proceedings are sui generis—neither criminal nor civil—but they bear criminal characteristics: deprivation of liberty, arrest, and possible transfer to a foreign jurisdiction. Extradition is not a trial of guilt or innocence; rather, it ensures the presence of the accused in the requesting state for prosecution or punishment. Temporary detention is authorized, but its duration must be reasonable.
International human rights instruments, including the Universal Declaration of Human Rights, favor the protection of personal liberty. Since bail is recognized even in deportation—also an administrative proceeding—there is no justification to categorically deny it in extradition.
- The extraditee is not a flight risk or danger to the community, and
- Special, humanitarian, and compelling circumstances justify release.
Because extradition is sui generis, the applicable standard is not proof beyond reasonable doubt, preponderance of evidence, or substantial evidence, but a heightened standard of clear and convincing evidence.