Gov’t of Hong Kong vs. Olalia, G.R. No.

153675, April 19, 2007

This case discusses whether the right to bail guaranteed under the Bill of Rights extends to a prospective extradite
in an extradition1 proceeding.

On January 30, 1995, the Republic of the Philippines and the then British Crown Colony of Hong Kong signed an
"Agreement for the Surrender of Accused and Convicted Persons." It took effect on June 20, 1997.

The Petitioner is the Government of Hong Kong Special Administrative Region, represented by the Philippine
Department of Justice

The Respondents are Judge Felix Olalia and Juan Antonio Muñoz

Facts: Private respondent Muñoz was charged before the Hong Kong Court with three (3) counts of the offense of
"accepting an advantage as agent," in violation of Section 9 (1) (a) of the Prevention of Bribery Ordinance, Cap.
201 of Hong Kong. He also faces seven (7) counts of the offense of conspiracy to defraud, penalized by the
common law of Hong Kong. Warrants of arrest were issued against him. If convicted, he faces a jail term of seven
(7) to fourteen (14) years for each charge.

On September 13, 1999, the DOJ received from the Hong Kong Department of Justice a request for the provisional
arrest of private respondent. The RTC, Branch 19, Manila issued an Order of Arrest against private respondent.
That same day, the NBI agents arrested and detained him.

Private respondent filed a petition for bail which was opposed by petitioner. After hearing, Judge Bernardo, Jr.
issued an Order denying the petition for bail, holding that there is no Philippine law granting bail in extradition
cases and that private respondent is a high "flight risk." Judge Bernardo, Jr. inhibited himself from further hearing
the case, it was then raffled off to Branch 8 presided by respondent judge. Private respondent filed a motion for
reconsideration of the Order denying his application for bail and this was granted by respondent judge.

Petitioner filed an urgent motion to vacate the above Order, but it was denied by respondent judge. Hence, the
instant petition.

Issue: Whether or not respondent judge acted with grave abuse of discretion amounting to lack or excess of
jurisdiction as there is no provision in the Constitution granting bail to a potential extraditee.

Held: No. Bearing in mind the purpose of extradition proceedings, the premise behind the issuance of the arrest
warrant and the "temporary detention" is the possibility of flight of the potential extraditee. This is based on the
assumption that such extraditee is a fugitive from justice. Given the foregoing, the prospective extraditee thus
bears the onus probandi of showing that he or she is not a flight risk and should be granted bail.

Ratio:

The Philippines, along with the other members of the family of nations, committed to uphold the fundamental
human rights as well as value the worth and dignity of every person. Clearly, the right of a prospective extraditee

1
Section 2(a) of Presidential Decree (P.D.) No. 1069 (The Philippine Extradition Law) defines "extradition" as "the
removal of an accused from the Philippines with the object of placing him at the disposal of foreign authorities to
enable the requesting state or government to hold him in connection with any criminal investigation directed
against him or the execution of a penalty imposed on him under the penal or criminal law of the requesting state or
government."
to apply for bail in this jurisdiction must be viewed in the light of the various treaty obligations of the Philippines
concerning respect for the promotion and protection of human rights. Under these treaties, the presumption lies
in favor of human liberty. Thus, the Philippines should see to it that the right to liberty of every individual is not
impaired.

Extradition is not a trial to determine the guilt or innocence of the potential extraditee. Nor is it a full-blown civil
action, but one that is merely administrative in character. Its object is to prevent the escape of a person accused
or convicted of a crime and to secure his return to the state from which he fled, for the purpose of trial or
punishment. It does not necessarily mean that in keeping with its treaty obligations, the Philippines should
diminish a potential extraditee’s rights to life, liberty, and due process. More so, where these rights are
guaranteed, not only by our Constitution, but also by international conventions, to which the Philippines is a party.
We should not, therefore, deprive an extraditee of his right to apply for bail, provided that a certain standard for
the grant is satisfactorily met.

In his Separate Opinion in Purganan, then Associate Justice Puno, proposed that a new standard which he termed
"clear and convincing evidence" should be used in granting bail in extradition cases. According to him, this
standard should be lower than proof beyond reasonable doubt but higher than preponderance of evidence. The
potential extraditee must prove by "clear and convincing evidence" that he is not a flight risk and will abide with
all the orders and processes of the extradition court.

In this case, there is no showing that private respondent presented evidence to show that he is not a flight risk.
Consequently, this case should be remanded to the trial court to determine whether private respondent may be
granted bail on the basis of "clear and convincing evidence."

WHEREFORE, we DISMISS the petition. This case is REMANDED to the trial court to determine whether private
respondent is entitled to bail on the basis of "clear and convincing evidence." If not, the trial court should order
the cancellation of his bail bond and his immediate detention; and thereafter, conduct the extradition proceedings
with dispatch.