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  Government of USA vs PurgananG.R. No. 148571. September 24, 2002a!ts  This Petition is really a sequel to GR No. 139465 entitled Secretary of Justice v. Ralph C. Lantion  where the court held that Jimene was!ere t o the ri#ht to notice and hearin# durin# the e$aluation sta#e o thee%tradition &rocess. 'indin# no more le#al o!stacle( the Go$ernment o the )nited *tates o  +merica( re&resented !y the Phili&&ine ,-J( led with the RT/ on 10 ay21( the a&&ro&riate Petition or %tradition which was doceted as%tradition /ase 119261. The Petition alle#ed( inter alia( that Jimenewas the su!ect o an arrest warrant issued !y the )nited *tates ,istrict/ourt or the *outhern ,istrict o 'lorida on 15 +&ril 1999.7e ore the RT/ could act on the Petition( Jimene led !e ore it an 8)r#entani estation%:Parte otion(8 which &rayed that Jimene;s a&&lication oran arrest warrant !e set or hearin#. <n its 23 ay 21 -rder( the RT/#ranted the otion o Jimene and set the case or hearin# on 5 June 21.<n that hearin#( Jimene mani ested its reser$ations on the &rocedureado&ted !y the trial court allowin# the accused in an e%tradition case to !eheard &rior to the issuance o a warrant o arrest. + ter the hearin#( the court a quo required the &arties to su!mit theirres&ecti$e memoranda. <n his emorandum( Jimene sou#ht an alternati$e&rayer= that in case a warrant should issue( he !e allowed to &ost !ail inthe amount o P1(.  The alternati$e &rayer o Jimene was also set or hearin# on 15 June 21. Therea ter( the court !elow issued its 3 July 21 -rder( directin# theissuance o warrant or his arrest and %in# !ail or his tem&orary li!erty atP1 million in cash. + ter he had surrendered his &ass&ort and &osted therequired cash !ond( Jimene was #ranted &ro$isional li!erty $ia thechallen#ed -rder dated 4 July 21. >ence( this &etition. #ssues   1 .?hether Jimene is entitled to notice and hearin# !e ore awarrant or his arrest can !e issued 2.  ?hether he is entitled to !ail and to &ro$isional li!erty while thee%tradition &roceedin#s are &endin# $e%& = 1.  No.  To determine &ro!a!le cause or the issuance o arrest warrants( the/onstitution itsel requires only the e%amination :: under oath ora@rmation :: o complainants  and the witnesses they may produce . Thereis no requirement to noti y and hear the accused  !e ore the issuance o  warrants o arrest.+t most( in cases o clear insu@ciency o e$idence on record( ud#esmerely urther e%amine complainants  and their witnesses. <n the &resentcase( $alidatin# the act o res&ondent ud#e and institutin# the &ractice o  hearin# the accused and his witnesses at this early sta#e would !ediscordant with the rationale or the entire system. < the accused wereallowed to !e heard and necessarily to &resent e$idence durin# the  primafacie determination or the issuance o a warrant o arrest( what would sto&him rom &resentin# his entire &lethora o de enses at this sta#e :: i he sodesires :: in his eAort to ne#ate a  prima facie nding B *uch a &rocedurecould con$ert the determination o a &rima acie case into a ull:!lown trialo the entire &roceedin#s and &ossi!ly mae trial o the main casesu&erCuous. This scenario is also anathema to the summary nature o  e%traditions. ''' )&on recei&t o a &etition or e%tradition and its su&&ortin# documents(the ud#e must study them and mae( as soon as &ossi!le( a  prima faciending whether DaE they are su@cient in orm and su!stance( D!E theyshow com&liance with the %tradition Treaty and Faw( and DcE the &ersonsou#ht is e%tradita!le. +t his discretion( the ud#e may require thesu!mission o urther documentation or may &ersonally e%amine thea@ants and witnesses o the &etitioner. < ( in s&ite o this study ande%amination( no  prima facie nding is &ossi!le( the &etition may !edismissed at the discretion o the ud#e.-n the other hand( i the &resence o a &rima acie case is determined(then the ma#istrate must immediately issue a warrant or the arrest o thee%traditee( who is at the same time summoned to answer the &etition andto a&&ear at scheduled summary hearin#s. Prior to the issuance o thewarrant( the ud#e must not in orm or noti y the &otential e%traditee o the&endency o the &etition( lest the latter !e #i$en the o&&ortunity to esca&eand rustrate the &roceedin#s. <n our o&inion( the ore#oin# &rocedure will!est ser$e the ends o usticeH in e%tradition cases. '''2. No. %tradition cases are diAerent rom ordinary criminal &roceedin#s. Theconstitutional ri#ht to !ail Cows rom the &resum&tion o innocence in a$or o e$ery accused who should not !e su!ected to the loss o reedomas therea ter he would !e entitled to acquittal( unless his #uilt !e &ro$ed!eyond reasona!le dou!t.H   <t ollows that the constitutional &ro$ision on!ail will not a&&ly to a case lie e%tradition( where the &resum&tion o  innocence is not at issue.  Res&ondent Jimene cites the orei#n case Paretti   in ar#uin# that(constitutionally( Ino one shall !e de&ri$ed o % % % li!erty % % % withoutdue &rocess o law.H/ontrary to his contention( his detention &rior to the conclusion o thee%tradition &roceedin#s does not amount to a $iolation o his ri#ht to due&rocess. ?e iterate the amiliar doctrine that the essence o due &rocess isthe o&&ortunity to !e heard !ut( at the same time( &oint out that thedoctrine does not always call or a  prior   o&&ortunity to !e heard. ?here thecircumstances :: such as those &resent in an e%tradition case :: call or it(a subsequent   o&&ortunity to !e heard is enou#h. <n the &resent case(res&ondent will !e #i$en ull o&&ortunity to !e heard su!sequently( whenthe e%tradition court hears the Petition or %tradition. >ence( there is no$iolation o his ri#ht to due &rocess and undamental airness.N 7+N/ (G.R. No. 148571. September 24, 2002)G*+RN-N * $ UN#/ SAS * A-R#A, represente&b te P3%3pp3ne /epartment of ust3!e,  petitioner, vs. $on.GU#R-* G. PURGANAN, -ora%es, an& Pres3&3ng u&ge,Reg3ona% r3a% ourt   of -an3%a, 6ran! 42 an& -AR 6. #-N9 a.:.a. -AR#* 6AAAN RSP*, respondents. /   # S # * NPANGAN#6AN,  J.: <n e%tradition &roceedin#s( are &ros&ecti$e e%traditees entitled tonotice and hearin# before warrants or their arrest can !e issuedB quallyim&ortant( are they entitled to the ri#ht to !ail and &ro$isional li!erty whilethe e%tradition &roceedin#s are &endin#B <n #eneral( the answer to thesetwo no$el questions is No.H The explanation  o and the reasons   or( aswell as the exceptions to( this rule are laid out in this ,ecision. e ase 7e ore us is a Petition or /ertiorari under Rule 65 o the Rules o  /ourt( seein# to $oid and set aside the -rders dated ay 23( 21 I1  and July 3( 21 I2  issued !y the Re#ional Trial /ourt DRT/E o anila( 7ranch 42. I3   The rst assailed -rder set or hearin# &etitioner;s a&&lication or theissuance o a warrant or the arrest o Res&ondent ar 7. Jimene. The second challen#ed -rder( on the other hand( directed theissuance o a warrant( !ut at the same time #ranted !ail to Jimene. Thedis&ositi$e &ortion o the -rder reads as ollows=?>R'-R( in the li#ht o the ore#oin#( the I/ourt nds &ro!a!lecause a#ainst res&ondent ar Jimene. +ccordin#ly let a ?arrant or thearrest o the res&ondent !e issued. /onsequently and tain# intoconsideration *ection 9( Rule 114 o the Re$ised Rules o /riminalProcedure( this /ourt %es the reasona!le amount o !ail or res&ondent;stem&orary li!erty at -N <FF<-N P*-* DPh& 1((.E( the same to!e &aid in cash.'urthermore res&ondent is directed to immediately surrender to this /ourthis &ass&ort and the 7ureau o <mmi#ration and ,e&ortation is liewisedirected to include the name o the res&ondent in its >old ,e&artureFist.H I4 ssentially( the Petition &rays or the li tin# o the !ail -rder( thecancellation o the !ond( and the tain# o Jimene into le#al custody. e a!ts  This Petition is really a sequel to GR No. 139465 entitled  Secretary of  Justice v. Ralph C. antion. I5 Pursuant to the e%istin# RP:)* %tradition Treaty( I6  the )nited *tatesGo$ernment( throu#h di&lomatic channels( sent to the Phili&&ineGo$ernment Note Ker!ale No. 522 dated June 16( 1999( su&&lemented !yNote Nos. 59L( L2 and 09 and accom&anied !y duly authenticateddocuments requestin# the e%tradition o ar 7. Jimene( also nown asario 7atacan /res&o. )&on recei&t o the Notes and documents( thesecretary o orei#n aAairs D*'+E transmitted them to the secretary o   ustice D*-JE or a&&ro&riate action( &ursuant to *ection 5 o Presidential,ecree DP,E No. 169( also nown as the %tradition Faw.)&on learnin# o the request or his e%tradition( Jimene sou#ht andwas #ranted a Tem&orary Restrainin# -rder DTR-E !y the RT/ o anila(7ranch 25. IL   The TR- &rohi!ited the ,e&artment o Justice D,-JE rom lin#with the RT/ a &etition or his e%tradition. The $alidity o the TR- was(howe$er( assailed !y the *-J in a Petition !e ore this /ourt in the said GRNo. 139465. <nitially( the /ourt :: !y a $ote o 9:6 :: dismissed thePetition. The *-J was ordered to urnish &ri$ate res&ondent co&ies o thee%tradition request and its su&&ortin# &a&ers and to #rant the latter a  reasona!le &eriod within which to le a comment and su&&ortin# e$idence. I0 +ctin# on the otion or Reconsideration led !y the *-J( this /ourtissued its -cto!er 1L( 2 Resolution. I9  7y an identical $ote o 9:6 :: a terthree ustices chan#ed their $otes :: it reconsidered and re$ersed its earlier,ecision. <t held that &ri$ate res&ondent was !ere t o the ri#ht to noticeand hearin# durin# the e$aluation sta#e o the e%tradition &rocess. ThisResolution has !ecome nal and e%ecutory.'indin# no more le#al o!stacle( the Go$ernment o the )nited *tateso +merica( re&resented !y the Phili&&ine ,-J( led with the RT/ on ay10( 21( the a&&ro&riate Petition or %tradition which was doceted as%tradition /ase No. 119261. The Petition alle#ed( inter alia! that Jimene was the su!ect o an arrest warrant issued !y the )nited *tates,istrict /ourt or the *outhern ,istrict o 'lorida on +&ril 15( 1999. Thewarrant had !een issued in connection with the ollowin# char#es in<ndictment No. 99:201 /R:*<TM= D1E cons&iracy to de raud the )nited*tates and to commit certain oAenses in $iolation o Title 10 )* /ode*ection 3L1 D2E ta% e$asion( in $iolation o Title 26 )* /ode *ection L21D3E wire raud( in $iolation o Title 10 )* /ode *ections 1343 and 2 D4E alse statements( in $iolation o Title 10 )* /ode *ections 11 and 2 andD5E ille#al cam&ai#n contri!utions( in $iolation o Title 2 )* /ode *ections441!( 441 and 43L#DdE and Title 10 )* /ode *ection 2. <n order to&re$ent the Ci#ht o Jimene( the Petition &rayed or the issuance o anorder or his immediate arrestH &ursuant to *ection 6 o P, No. 169.7e ore the RT/ could act on the Petition( Res&ondent Jimene led!e ore it an )r#ent ani estation%:Parte otion(H I1  which &rayed that&etitioner;s a&&lication or an arrest warrant !e set or hearin#.<n its assailed ay 23( 21 -rder( the RT/ #ranted the otion o   Jimene and set the case or hearin# on June 5( 21. <n that hearin#(&etitioner mani ested its reser$ations on the &rocedure ado&ted !y the trialcourt allowin# the accused in an e%tradition case to !e heard &rior to theissuance o a warrant o arrest.+ ter the hearin#( the court a quo  required the &arties to su!mit theirres&ecti$e memoranda. <n his emorandum( Jimene sou#ht analternati$e &rayer= that in case a warrant should issue( he !e allowed to&ost !ail in the amount o P1(. The alternati$e &rayer o Jimene was also set or hearin# on June 15(21. Therea ter( the court !elow issued its questioned July 3( 21 -rder(directin# the issuance o a warrant or his arrest and %in# !ail or histem&orary li!erty at one million &esos in cash. I11  + ter he had surrenderedhis &ass&ort and &osted the required cash !ond( Jimene was #ranted&ro$isional li!erty $ia the challen#ed -rder dated July 4( 21. I12 >ence( this Petition. I13 #ssues Petitioner &resents the ollowin# issues or the consideration o this/ourt= #. The &u!lic res&ondent acted without or in e%cess o urisdiction or with#ra$e a!use o discretion amountin# to lac or e%cess o urisdiction inado&tin# a &rocedure o rst hearin# a &otential e%traditee !e ore issuin#an arrest warrant under *ection 6 o P, No. 169. ##. The &u!lic res&ondent acted without or in e%cess o urisdiction or with#ra$e a!use o discretion amountin# to lac or e%cess o urisdiction in#rantin# the &rayer or !ail and in allowin# Jimene to #o on &ro$isionalli!erty !ecause=O1. +n e%tradition court has no &ower to authorie !ail( in the a!sence o  any law that &ro$ides or such &ower.O2. *ection 13( +rticle <<< Dri#ht to !ail clauseE o the 190L Phili&&ine/onstitution and *ection 4( Rule 114 D7ailE o the Rules o /ourt( asamended( which Iwere relied u&on( cannot !e used as !ases or allowin#!ail in e%tradition &roceedin#s.O3. The &resum&tion is a#ainst !ail in e%tradition &roceedin#s or&roceedin#s leadin# to e%tradition.O4. -n the assum&tion that !ail is a$aila!le in e%tradition &roceedin#s or&roceedin#s leadin# to e%tradition( !ail is not a matter o ri#ht !ut only o  discretion u&on clear showin# !y the a&&licant o the e%istence o s&ecialcircumstances.O5. +ssumin# that !ail is a matter o discretion in e%tradition &roceedin#s(the &u!lic res&ondent recei$ed no e$idence o Os&ecial circumstances;which may usti y release on !ail.O6. The ris that Jimene will Cee is hi#h( and no s&ecial circumstancee%ists that will en#ender a well: ounded !elie that he will not Cee.OL. The conditions attached to the #rant o !ail are ineAectual and do notensure com&liance !y the Phili&&ines with its o!li#ations under the RP:)*%tradition Treaty.  O0. The /ourt o +&&eals Resolution &romul#ated on ay 1( 21 in thecase entitled O duardo #. Rodrigue$ et al. vs. #he %on. Presiding Judge!R#C! &ranch '(! )anila!*   /+:G.R. *P No. 64509( relied u&on !y the &u!licres&ondent in #rantin# !ail( had !een recalled !e ore the issuance o thesu!ect !ail orders.;H I14 <n sum( the su!stanti$e questions that this /ourt will address are= D1Ewhether Jimene is entitled to notice and hearin# !e ore a warrant or hisarrest can !e issued( and D2E whether he is entitled to !ail and to&ro$isional li!erty while the e%tradition &roceedin#s are&endin#. Preliminarily( we shall tae u& the alle#ed &rematurity o thePetition or /ertiorari arisin# rom &etitioner;s ailure to le a otion orReconsideration in the RT/ and to see relie in the /ourt o +&&eals D/+E(instead o in this /ourt. I15  ?e shall also &reliminarily discuss $ee%tradition &ostulates that will #uide us in dis&osin# o the su!stanti$eissues. e ourt;s Ru%3ng  The Petition is meritorious. Pre%3m3nar -atters  Alleged Prematurity of Present Petition Petitioner su!mits the ollowin# ustications or not lin# a otion orReconsideration in the %tradition /ourt= D1E the issues were ullyconsidered !y such court a ter requirin# the &arties to su!mit theirres&ecti$e memoranda and &osition &a&ers on the matter and thus( thelin# o a reconsideration motion would ser$e no use ul &ur&ose D2E theassailed orders are a &atent nullity( a!sent actual and le#al !asis there orand D3E the need or relie is e%tremely ur#ent( as the &assa#e o su@cienttime would #i$e Jimene am&le o&&ortunity to esca&e and a$oide%tradition and D4E the issues raised are &urely o law.H I16 'or resortin# directly to this /ourt instead o the /+( &etitionersu!mits the ollowin# reasons= D1E e$en i the &etition is lod#ed with the/ourt o +&&eals and such a&&ellate court taes co#niance o the issuesand decides them( the &arties would still !rin# the matter to this >onora!le/ourt to ha$e the issues resol$ed once and or all Iand to ha$e a !indin#&recedent that all lower courts ou#ht to ollow D2E the >onora!le /ourt o  +&&eals had in one case I1L  ruled on the issue !y disallowin# !ail !ut thecourt !elow re used to reco#nie the decision as a udicial #uide and allother courts mi#ht liewise ado&t the same attitude o re usal and D3Ethere are &endin# issues on !ail !oth in the e%tradition courts and the/ourt o +&&eals( which( unless #uided !y the decision that this >onora!le/ourt will render in this case( would resol$e to #rant !ail in a$or o the&otential e%traditees and would #i$e them o&&ortunity to Cee and thus(cause ad$erse eAect on the a!ility o the Phili&&ines to com&ly with itso!li#ations under e%istin# e%tradition treaties.H I10 +s a #eneral rule( a &etition or certiorari !e ore a hi#her court will not&ros&er unless the in erior court has !een #i$en( throu#h a motion orreconsideration( a chance to correct the errors im&uted to it. This rule(thou#h( has certain e%ce&tions= D1E when the issue raised is &urely o law(D2E when &u!lic interest is in$ol$ed( or D3E in case o ur#ency. I19  +s a ourthe%ce&tion( the /ourt has also ruled that the lin# o a motion orreconsideration !e ore a$ailment o the remedy o certiorari is not a sinequa non!  when the questions raised are the same as those that ha$ealready !een squarely ar#ued and e%hausti$ely &assed u&on !y the lowercourt. I2  +side rom !ein# o this nature( the issues in the &resent case alsoin$ol$e &ure questions o law that are o &u!lic interest. >ence( a motion or reconsideration may !e dis&ensed with.Fiewise( this /ourt has allowed a direct in$ocation o its ori#inal urisdiction to issue writs o certiorari when there are s&ecial and im&ortantreasons there or. I21  <n +ortich v. Corona I22 we stated=IThe *u&reme /ourt has the ull discretionary &ower to tae co#nianceo the &etition led directly I!e ore it i com&ellin# reasons( or the natureand im&ortance o the issues raised( warrant. This has !een the udicial&olicy to !e o!ser$ed and which has !een reiterated in su!sequent cases(namely= ,y vs. Contreras! et. al.!   #orres vs. -rran$  ( &ercero vs. e /u$man (and(  -dvincula vs. egaspi! et  . al . +s we ha$e urther stated in Cuaresma =O% % %. + direct in$ocation o the *u&reme /ourt;s ori#inal urisdiction toissue these writs should !e allowed only when there are s&ecial andim&ortant reasons there or( clearly and s&ecically set out in the&etition. This is esta!lished &olicy. % % %.;Pursuant to said udicial &olicy( we resol$e to tae &rimary urisdictiono$er the &resent &etition in the interest o s&eedy ustice and to a$oid uture liti#ations so as to &rom&tly &ut an end to the &resent contro$ersywhich( as correctly o!ser$ed !y &etitioners( has s&ared national interest!ecause o the ma#nitude o the &ro!lem created !y the issuance o theassailed resolution. oreo$er( % % % requirin# the &etitioners to le their&etition rst with the /ourt o +&&eals would only result in a waste o timeand money. That the /ourt has the &ower to set aside its own rules in the hi#herinterests o ustice is well:entrenched in our uris&rudence. ?e reiteratewhat we said in Pic$on vs. Court of -ppeals0 I23 O7e it remem!ered that rules o &rocedure are !ut mere tools desi#ned to acilitate the attainment o ustice. Their strict and ri#id a&&lication( whichwould result in technicalities that tend to rustrate rather than &romote
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