SC approves new extradition rules effective November 10

The Supreme Court (SC) has approved new Rules on Extradition Proceedings, effective November 10, 2025, to ensure consistency and provide guidance in handling extradition cases.

These rules define an extraditee as any person within Philippine territory whose extradition or provisional arrest for extradition is requested by another state.

An offense is extraditable if it is punishable by imprisonment under the laws of both the Philippines and the requesting state, provided at least six months of the sentence remain to be served.

The new rules will apply to all proceedings related to extradition, including applications for warrants of arrest or hold departure orders (HDOs), whether provisional and precautionary or otherwise, and applications for bail.

Local courts must decide on extradition cases within 30 days from the presentation of the last witness or the receipt of the last pleading if no witnesses are presented.

Testimonies of witnesses are not required unless deemed necessary by the court.

Appeals filed before the Court of Appeals concerning extradition cases must be decided within 90 calendar days and will be final and immediately executory.

Individuals arrested under a warrant of provisional arrest for extradition purposes will be detained at the National Bureau of Investigation (NBI) facility.

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