President Ferdinand Marcos Jr. has no choice but to proceed with the extradition process for detained religious leader Apollo Quiboloy because of the country’s treaty obligations with the United States.
Speaking on Bilyonaryo News Channel’s At The Forefront with Atty. Karen Jimeno, ‘Pinoy Street’ lawyer Danielito “DJ” Jimenez said: “I think hindi siya discretionary sa Presidente kasi may treaty obligation ka nga.”
“This was ratified, the bilateral extradition treaty with the US was ratified by Congress. Even the Palermo Protocol was also ratified by Congress. So walang choice ang Pangulo kung hindi proceed accordingly,” he added.
However, Jimenez admitted the pendency of Quiboloy’s cases before Philippine courts is a crucial issue that the government must consider in determining how to proceed with the US extradition request.
“Ang very crucial dito sa kaso ni Pastor Quiboloy is the pendency of another case. So how will the state balance the treaty obligation and our local laws?” he said.
Quiboloy is facing criminal cases before courts in Quezon City and Pasig, while the US is seeking his extradition to face charges there.
Jimenez said the situation is “rather a bit challenging and complicated” because the government must weigh the interests of all parties and ensure that Quiboloy’s constitutional rights are respected.
“Balancing the interests of all parties because of course you may not like Pastor Quiboloy but he is entitled to the constitutional right of presumption of innocence and he is also entitled to the provisions of the Bill of Rights, the right to confront the witnesses,” he said.
Nonetheless, he explained that the DOJ, as the government’s general authority on extradition matters, must file the appropriate extradition petition before the courts.
Jimenez said the process is already underway after the Department of Foreign Affairs transmitted the US request to the DOJ for evaluation.
“And I think it’s being done now because when the DFA transmitted the request, kailangan pag-aralan nila kung may basis o wala,” he said.
The lawyer also cited the Palermo Protocol, to which both the Philippines and the US are parties, as another legal framework that must be considered in dealing with the extradition request.
Under the circumstances, Jimenez said the government faces the difficult task of balancing its international commitments with its duty to observe Philippine law and protect the rights of an accused who continues to face cases before local courts.
“So ang case, ang magiging challenge nalang dito, will the Philippine government extradite him?” Jimenez said.
He added that the courts handling Quiboloy’s local cases may also have to determine whether the local proceedings should be suspended to allow the extradition to proceed.#