Local cases vs Quiboloy cannot block US extradition request — law expert

THE UNITED STATES is not blocked from seeking the extradition of televangelist Apollo C. Quiboloy on the grounds that he has a pending case in the Philippines, a law expert said on Sunday. University of the Philippines professor on Constitutional Law, Michael T. Tiu, Jr., told BusinessWorld via Viber message that the treaty between the two nations only prohibits extradition if the person accused is already convicted or acquitted of the same offense in the Philippines.

“Article 4 of the US-PH extradition treaty states that extradition is only prohibited if the person had either been convicted or acquitted for the same offense in the PH,” Mr. Tiu said, noting that the Philippines cannot just set aside a US request for extradition.

“They [Philippine government] cannot use a pending case as a legal block to justify denial [of a request for extradition by the US],” he added.

On Thursday, California Judge Terry J. Hatter, Jr. ordered the arrest warrant for Mr. Quiboloy to be unsealed. Mr. Tiu said “it will just mean cooperation can now be open about enforcing the warrants.” However, National Union of Peoples Lawyers (NUPL) president Ephraim B. Cortez said the end decision on extraditing an individual will solely rely on the Philippine government.

“The Philippines has the option to allow or disallow the request for extradition due to the pendency of criminal action in the Philippines. There is a provision in the treaty that allows extradition if the requested party discontinues the prosecution,” said Mr. Cortez. —