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    Sec of Justice Vs Judge Lantion

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    Jay Primo Concina
    The Secretary of Justice denied a request from Mark Jimenez, who was subject to an extradition request from the US, to view documents related to the extradition. The Supreme Court ruled that the human rights and due process rights of the individual take precedence over treaty obligations to extradite. While treaties are binding, when individual rights collide with treaty obligations, the government's duties to protect the individual deserve preferential consideration. Therefore, the petition to deny Jimenez access to the extradition documents was dismissed.

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    Sec of Justice Vs Judge Lantion

    Uploaded by

    Jay Primo Concina
    404 views1 page
    The Secretary of Justice denied a request from Mark Jimenez, who was subject to an extradition request from the US, to view documents related to the extradition. The Supreme Court ruled that the human rights and due process rights of the individual take precedence over treaty obligations to extradite. While treaties are binding, when individual rights collide with treaty obligations, the government's duties to protect the individual deserve preferential consideration. Therefore, the petition to deny Jimenez access to the extradition documents was dismissed.

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    GR 139465

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    Sec of Justice vs Judge Lantion

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    The Secretary of Justice denied a request from Mark Jimenez, who was subject to an extradition request from the US, to view documents related to the extradition. The Supreme Court ruled that the human rights and due process rights of the individual take precedence over treaty obligations to extradite. While treaties are binding, when individual rights collide with treaty obligations, the government's duties to protect the individual deserve preferential consideration. Therefore, the petition to deny Jimenez access to the extradition documents was dismissed.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    404 views1 page

    Sec of Justice Vs Judge Lantion

    Uploaded by

    Jay Primo Concina
    The Secretary of Justice denied a request from Mark Jimenez, who was subject to an extradition request from the US, to view documents related to the extradition. The Supreme Court ruled that the human rights and due process rights of the individual take precedence over treaty obligations to extradite. While treaties are binding, when individual rights collide with treaty obligations, the government's duties to protect the individual deserve preferential consideration. Therefore, the petition to deny Jimenez access to the extradition documents was dismissed.

    Copyright:

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    Download as DOCX, PDF, TXT or read online from Scribd
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    Secretary of Justice vs. Judge Lantion G.R.

    139465 October 17, 2000 Melo, J:

    FACTS Secretary of Justice Franklin Drilon, representing the Government of the Republic of the Philippines, signed in Manila the Extradition Treaty between the Government of the Philippines and the Government of the U.S.A The Philippine Senate ratified the said treaty. On June 18, 1999, the Department of Justice received the Department of Foreign Affairs U.S. Note Verbale No.0522 containing a request for the extradition of private respondent Mark Jimenez to the United States. On the same day, petitioner designates and authorized a panel of attorneys to take charge and to handle the case. Pending evaluation of the aforesaid extradition documents, Mark Jimenez through counsel, wrote a letter to Justice Secretary requesting copies of the official extradition request from the U.S Government and that he be given ample time to comment on the request after he shall have received copies of the requested papers. However, the petitioner denied the request for the consistency of Article 7 of the RP-US Extradition Treaty stated in Article 7 that the Philippine Government must present the interests of the United States in any proceedings arising out of a request for extradition.

    Issue: Whether or not to uphold a citizens basic due process rights or the governments ironclad duties under a treaty.

    Ruling: The human rights of a person, whether citizen or alien, and the rights of the accused guaranteed in our Constitution should take precedence over treaty rights claimed by a contracting state. The duties of the government to the individual deserve preferential consideration when they collide with its treaty obligations to the government or another state. This is so although we recognize treaties as source of binding obligations under generally accepted principles of international law incorporated in our Constitution as part of the law of the land. Petition DISMISSED.

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