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    Secretary of Justice vs. Judge Ralph Lantion 343 SCRA 377

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    Tahani Awar Gurar
    1) The Secretary of Justice denied Mark Jimenez's request for copies of the extradition complaint and documents from the US, citing the Philippines' extradition treaty with the US. 2) The court ruled in favor of Jimenez, finding that the human rights protections in the Philippine Constitution take precedence over treaty obligations. 3) The Secretary of Justice was ordered to provide Jimenez with copies of the extradition request and time to file a response, as denying him due process would violate the Constitution.

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    Secretary of Justice vs. Judge Ralph Lantion 343 SCRA 377

    Uploaded by

    Tahani Awar Gurar
    35 views3 pages
    1) The Secretary of Justice denied Mark Jimenez's request for copies of the extradition complaint and documents from the US, citing the Philippines' extradition treaty with the US. 2) The court ruled in favor of Jimenez, finding that the human rights protections in the Philippine Constitution take precedence over treaty obligations. 3) The Secretary of Justice was ordered to provide Jimenez with copies of the extradition request and time to file a response, as denying him due process would violate the Constitution.

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    case digest

    Original Title

    Lantion Case

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    1) The Secretary of Justice denied Mark Jimenez's request for copies of the extradition complaint and documents from the US, citing the Philippines' extradition treaty with the US. 2) The court ruled in favor of Jimenez, finding that the human rights protections in the Philippine Constitution take precedence over treaty obligations. 3) The Secretary of Justice was ordered to provide Jimenez with copies of the extradition request and time to file a response, as denying him due process would violate the Constitution.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    35 views3 pages

    Secretary of Justice vs. Judge Ralph Lantion 343 SCRA 377

    Uploaded by

    Tahani Awar Gurar
    1) The Secretary of Justice denied Mark Jimenez's request for copies of the extradition complaint and documents from the US, citing the Philippines' extradition treaty with the US. 2) The court ruled in favor of Jimenez, finding that the human rights protections in the Philippine Constitution take precedence over treaty obligations. 3) The Secretary of Justice was ordered to provide Jimenez with copies of the extradition request and time to file a response, as denying him due process would violate the Constitution.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    Secretary of Justice vs.

    Judge Ralph Lantion 343 SCRA 377


    FACTS:
    On January 13, 1977, President Ferdinand E. Marcos issued Presidential Decree No. 1069 Prescribing
    the Procedure for the Extradition of Persons Who Have
    Committed Crimes in a Foreign Country. The Decree is founded on: the Doctrine of Incorporation under the Constitution;
    the mutual concern for the suppression of crime both in the state where it was committed and the state where the criminal
    may have escaped. On November 13, 1994, 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 from 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. Mark Jimenez was charged of multiple crimes ranging from tax evasion to wire tapping to conspiracy
    to defraud the USA. Jimenez was then wanted in the US. The US government, pursuant to the RP-US extradition treaty
    requested to have Jimenez be extradited there. Jimenez requested for a copy of the complaint against him as well as the
    extradition request by the USA. The DOJ secretary:
    1. refused to provide him copy thereof advising that it is still premature to give him so and that it is not apreliminary
    investigation hence he is not entitled to receive such copies;
    2. denied the request for the consistency of Article 7 of the RP-US Extradition Treaty stated in Article 7that the
    Philippine Government must present the interests of the United States in any proceedingsarising out of a request
    for extradition. Jimenez sued the DOJ Secretary (Franklin Drilon). The lower court ruled in favor of Jimenez.
    ISSUE: Whether or not Jimenez is deprived of due process.
    HELD:
    The Petition was dismissed. The human rights of 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 of another state. This is so although we recognize treaties as a source of binding obligations under generally
    accepted principles of international law incorporated in our Constitution as part of the law of the land. The doctrine of
    incorporation is applied whenever municipal tribunals are confronted with situation in which there appears to be a conflict
    between a rule of international law and the provision of the constitution or statute of the local state. Petitioner (Secretary of
    Justice) is ordered to furnish Mark Jimenez copies of the extradition request and its supporting papers, and to grant
    him (Mark Jimenez) a reasonable period within which to file his comment with supporting evidence.
    *Under the Doctrine of Incorporation, rules of international law form part of the law of the land and no further legislative
    action is needed to make such rules applicable in the domestic sphere.*The doctrine of incorporation is applied whenever
    municipal tribunals are confronted with situations in which there appears to be a conflict between a rule of international
    law and the provisions of the constitution or statute of the local

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