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The request of the United States to extradite detained religious leader Pastor Apollo Quiboloy must comply with Philippine extradition laws, lawyer Ferdinand Topacio said on Friday, as he explained that the process remains subject to judicial review despite the existence of an extradition treaty between the two countries.
The statement was issued by Topacio following reports that the United States had formally requested Quiboloy’s extradition to face criminal charges there.
“We have yet to formally receive information of any such request, but any invocation of the extradition treaty between the United States and the Philippines by the former will be subject to the existing extradition law, which is Presidential Decree 1069, as well as the mechanism provided for by the Supreme Court promulgated last year,” Topacio said. Legal
Topacio said both the country’s extradition law and the rules adopted by the Supreme Court require court proceedings before an extradition request may be enforced.
“The said laws require court proceedings to determine the applicability of the aforementioned treaty and the jurisdiction over Pastor Quiboloy,” he said.
Topacio argued that Quiboloy’s pending criminal cases before local courts make any immediate extradition difficult.
“It must be noted that the good Pastor is facing cases locally. Trumped up though they may be, nonetheless they are ongoing and Pastor Quiboloy is now under the custody of our courts. This makes extradition at this point extremely unfeasible, unless our government again chooses to meekly surrender its jurisdiction to a foreign power,” he said.
He vowed to challenge any attempt to extradite his client.
“As always, we are ready to defend the rights and interests of Pastor Quiboloy under the Constitution and our other laws,” Topacio said.
To recall, Philippine Ambassador to the United States Jose Manuel “Babe” Romualdez said Washington had formally sought Quiboloy’s extradition and that the request had been transmitted to the Department of Justice.
Quiboloy, founder of the Kingdom of Jesus Christ, is wanted by U.S. authorities on charges of conspiracy to engage in sex trafficking, sex trafficking of children, and bulk cash smuggling.
He is also facing qualified human trafficking and child abuse charges before local courts.
Quiboloy has repeatedly denied the allegations by insisting that the cases against him are politically and religiously motivated.
Meanwhile, the
Department of Justice (DOJ) said the Philippine government may defer any extradition proceedings involving Pastor Apollo Quiboloy until the resolution of his pending criminal cases before local courts.
Justice Department spokesperson Atty. Polo Martinez said the Philippines is not automatically required to surrender Quiboloy to the United States even if a formal extradition request is eventually received and processed.
“As for his pending cases here, the government has two options under Article 11 of the RP-US Extradition Treaty: (a) it can hold off on the extradition until his case here is finished, subject to applicable rules of procedure; or (b) it can temporarily hand him over to the US for trial there, subject to and depending on conditions agreed upon by the US and PH,” Martinez said.
Martinez explained that the extradition process begins with the Department of Foreign Affairs (DFA), which determines whether a request complies with the Philippines-United States Extradition Treaty and Philippine law.
“The DFA is the first point of contact. Under Philippine law, the DFA determines whether the extradition request complies with the RP-US Extradition Treaty and applicable Philippine laws. If compliant, the DFA forwards the request to the DOJ, which files the appropriate petition before the court. Ultimately, it is the court that determines whether the legal requirements for extradition have been met,” Martinez said.
Martinez previously clarified that the DOJ had yet to officially receive any extradition documents and noted that such requests must first pass through the DFA before being endorsed to the DOJ for court proceedings.