You have submitted an FOI request
Date: June 10, 2021, 9:04 p.m.
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Date: 2021-06-11 15:15:44.000000
How was your request?
Published by Department of Foreign Affairs(DFA) on June 10, 2021.
Requested from DFA by J. Jacildo at 09:04 PM on
June 10, 2021.
Purpose: Legal
Date of Coverage: 03/07/1988 - 06/10/2021
Tracking no: #DFA-792572461532
I would like to know the Definition under Philippine Extradition Law of an Extraditable Offence, for Extraditions between the Philippines and Australia.
It is rather confusing, or maybe it is not, but it clearly states under Philippine Extradition Law, Extradition can only be pursuant to a Valid Treaty. In the Philippine Australia Treaty on Extradition, it states an Extraditable Offence is an offence that carries punishment of at least 12 month imprisonment if convicted, yet there are persons being detained by NBI where the minimum punishment is a fine, not a custodial sentence. It is clear this being the case they are being detained outside of Philippine Extradition Law as under the Treaty the offences are not Extraditable Offences, so I would like to know has the Treaty changed from the one that is gazetted, or has a grave mistake occurred?
June 11, 2021 Dear Kisha, Greetings! Thank you for your request dated Jun 10, 2021 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch. Your request You asked for Philippine Extradition Law Definition Extraditable Offence. Response to your request While our aim is to provide information whenever possible, in this instance upon further evaluation of your request, please be advised that such are recognized in international law as restricted and treated as confidential and privileged, and are as well included in the Inventory of Exceptions to Executive Order No. 2, the Order which operationalized the right to information. DFA, therefore, is constrained by law from issuing copies of the subject documents to the public. Personal transactions cannot be interposed. The Freedom of Information (FOI) provides that “exceptions to the right of access to information” include the following: Item 3. iv. – “Information concerning law enforcement and protection of public and personal safety: unjustifiably disclose investigative techniques and procedures”; and Item 4: “Information deemed confidential for the protection of the privacy of persons and certain individuals such as minors, victims of crimes, or the accused.” For legal clarification, you may seek assistance from the Department of Justice as the repository of legal reference.