JUSTICE Secretary Menardo Guevarra on Monday said extradition proceedings are no longer necessary if the person subject to such proceedings would decide to voluntarily surrender to the jurisdiction of the requesting state.
Guevarra issued the statement amid reports on the possible extradition of Pastor Apollo Carreon Quiboloy to the United States following the filing his indictment by a federal grand jury with child sex trafficking along with two co-defendants identified as Teresita Tolibas Dandan and Felina Salinas.
“All talks about possible extradition will be mooted if the person sought to be extradited opted to voluntarily surrender to the jurisdiction of the requesting state and defend himself/herself with the assistance of counsel in the appropriate legal proceedings in the requesting state,” Guevarra said.
However, Guevarra immediately clarified that his statement should not be considered as a hint on the possible scenario in the case of Quiboloy.
“Just informing you of the theoretical legal framework,” he told reporters.
Earlier, Guevarra said Quiboloy could still extradited to the US despite the pendency of the appeal filed before his office in connection with the dismissal of criminal charges for rape, child abuse, ill treatment, trafficking in persons through forced labor, and trafficking in persons through sexual abuse filed against him before the Davao City Prosecutor’s Office by a female complainant.
A female complainant in Davao City filed the complaint in 2020 against Quiboloy but it was dismissed by the Davao City Prosecutor’s Office.
The complainant has appealed the dismissal before the Office of the Secretary of Justice and is still pending.
At the same time, the DOJ secretary noted that an extradition proceeding is a long and tedious process that would involve court proceedings.
He said the DOJ and the Department of Affairs would have to evaluate first and determine if the US case is covered by the existing extradition treaty.
If it is established that the US case is covered by the treaty, the DOJ will file a petition for extradition before a local court.
“If granted, and the judgment became final, the respondent may then be physically turned over to the requesting state for further legal proceedings,” Guevarra added.