Local cases vs Quiboloy cannot block US extradition request — law expert
THE UNITED STATES is not blocked from seeking the extradition of televangelist Apollo C. Quiboloy on the grounds that he has a pending case in the Philippines, a law expert said on Sunday.
University of the Philippines professor on Constitutional Law, Michael T. Tiu, Jr., told BusinessWorld via Viber message that the treaty between the two nations only prohibits extradition if the person accused is already convicted or acquitted of the same offense in the Philippines.
“Article 4 of the US-PH extradition treaty states that extradition is only prohibited if the person had either been convicted or acquitted for the same offense in the PH,” Mr. Tiu said, noting that the Philippines cannot just set aside a US request for extradition.
“They [Philippine government] cannot use a pending case as a legal block to justify denial [of a request for extradition by the US],” he added.
On Thursday, California Judge Terry J. Hatter, Jr. ordered the arrest warrant for Mr. Quiboloy to be unsealed. Mr. Tiu said “it will just mean cooperation can now be open about enforcing the warrants.”
However, National Union of Peoples Lawyers (NUPL) president Ephraim B. Cortez said the end decision on extraditing an individual will solely rely on the Philippine government.
“The Philippines has the option to allow or disallow the request for extradition due to the pendency of criminal action in the Philippines. There is a provision in the treaty that allows extradition if the requested party discontinues the prosecution,” said Mr. Cortez.
Mr. Tiu explained that there are three steps the Philippine government can take regarding the extradition request of the US.
“First, evaluate the request and if it finds that the preconditions are there. File the petition in court. Second, deny the request because it’s [a] political offense or it falls under par. 1 of Art 4 of the treaty. Third, take its time in evaluating the request if it wants to pursue prosecution but this will risk not complying with the treaty.”
Mr. Quiboloy is wanted by the Federal Bureau of Investigation (FBI) in the US for sex trafficking and cash smuggling, among others.
The Senate, led by Sen. Ana Theresia Hontiveros-Baraquel, is also calling for Mr. Quiboloy’s arrest as his side kept ignoring the calls for an investigation.
The Department of Justice (DoJ) overturned a decision of the Office of the City Prosecutor Davao City last March 4 regarding Mr. Quiboloy’s case on qualified human trafficking and other acts of child abuse. — Chloe Mari A. Hufana