Treaty Between the Government of the Republic of the Philippines and the Government of the Kingdom of Thailand Relating to Extradition

March 16, 1981

TREATY BETWEEN THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND

THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES AND THE GOVERNMENT OF THE KINGDOM OF THAILAND,

Desiring to make more effective the cooperation of the two countries in the repression of crime and, specifically, to regulate and thereby promote the relations between them in matters of extradition,

HAVE AGREED AS FOLLOWS:

ARTICLE I

Obligation to Extradite

The Government of the Republic of the Philippines and the Government of the Kingdom of Thailand agree to extradite to each other, in the circumstances and subject to the conditions described in this Treaty, persons found in its territory who are being proceeded against or who have been charged with, found guilty or convicted of, any of the crimes covered by Article II of this Treaty committed within the territory of the other, or outside thereof under the conditions specified in Article IV.

ARTICLE II

Extraditable Crimes

1. Persons shall be delivered up according to the provisions of this Treaty who are being proceeded against or who have been charged with, found guilty or convicted of, any of the following crimes provided that these crimes are punishable by the laws of both Parties by a possible penalty of death or imprisonment or deprivation of liberty for a period exceeding one year:

a) Killing or causing death to another person

b) Rape, indecent assault; unlawful sexual acts with or upon minors under the age specified by the penal laws of both Parties

c) Abduction; Kidnapping

d) Causing bodily harm

e) Illegal or arbitrary detention or confinement

f) Slavery and other similar offenses

g) Robbery; theft

h) Embezzlement; misappropriation; malversation; cheating; fraud; deceit

i) Extortion; threats; coercion

j) Bribery; corruption; graft

k) Falsification; perjury; giving, fabricating and using false evidence

l) Forgery, counterfeiting and related crimes

m) Smuggling

n) Arson; wilful or unlawful destruction of or damage to property

o) Hijacking; piracy; mutiny

p) Crimes against the laws relating to narcotics, dangerous or prohibited drugs or prohibited chemicals

q) Crimes against the laws relating to firearms, explosives, or incendiary devices

2. Extradition shall also be granted for participation in any of the crimes mentioned in this Article, not only as principals or accomplices, but also as accessories, as well as for attempt to commit or conspiracy to commit any of the aforementioned crimes, when such participation, attempt or conspiracy is punishable under the laws of both Parties by imprisonment or deprivation of liberty for a period exceeding one year.

3. Extradition may also be granted at the discretion of the requested Party in respect of any other crimes for which it can be granted according to the laws of both Parties.

4. If extradition is requested for any crime encompassed by paragraphs 1, 2, or 3 of this Article and that crime is punishable under the laws of both Parties by imprisonment or deprivation of liberty for a period exceeding one year, such crime shall be extraditable under the provisions of this Treaty whether or not the laws of both Parties would place that crime within the same category of crimes or denominate the crime by the same terminology, provided the elements of the crime correspond to those of one or more of the crimes mentioned in this Article under the laws of both Parties.

ARTICLE III

Place of Commission

The requested Party may refuse to extradite a person claimed for a crime which is regarded by its laws as having been committed in whole or in part in its territory or in a place treated as its territory.

ARTICLE IV

Territorial Application

1. A reference in this Treaty to the territory of a Party is a reference to all the territory under the jurisdiction of that Party and to vessels and aircraft registered in that Party if any such aircraft is in flight or if any such vessel is on the high seas when the crime is committed. For purposes of this Treaty, an aircraft shall be considered to be in flight at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation.

2. When the crime for which extradition has been requested has been committed outside the territory of the requesting Party, the requested Party shall have the power to grant extradition if the laws of the requested Party would provide for the punishment of crime committed in analogous circumstances.

3. The determination of the territory of the requested Party shall be governed by its national laws.

ARTICLE V

Political Crimes

1. Extradition shall not be granted if the crime in respect of which it is requested is regarded by the requested Party as a political crime.

2. If any question arises as to whether a case is a political crime, the decision of the requested Party shall be determinative.

3. The taking or attempted taking of the life of the Head of State or Acting Head of State or Head of Government of either of the Parties or a member of his family shall not be deemed to be a political crime for the purpose of this Treaty.

ARTICLE VI

Extradition of Nationals

1. Each Party shall have the right to refuse extradition of its nationals.

2. If the requested Party does not extradite its nationals, that Party shall at the request of the requesting Party submit the case to the competent authorities of the former for prosecution. For this purpose the files, information and exhibits relating to the crime shall be surrendered by the requesting Party to the requested Party.

3. Notwithstanding paragraph 2 of this Article, the requested Party shall not be required to submit the case to its competent authorities for prosecution if the authorities have no jurisdiction.

ARTICLE VII

Exceptions to Obligation to Extradite

Extradition shall not be granted in any of the following circumstances:

a) When the person whose surrender is sought has been tried and acquitted or has undergone his punishment in a third State for the crime for which his extradition is requested.

b) When the prosecution or the enforcement of the penalty for the crime has become barred by prescription or lapse of time under the law of the requesting Party.

c) When the crime constitutes an infraction against military law or regulations which is not a crime under ordinary criminal law.

ARTICLE VIII

Double Jeopardy

Extradition shall not also be granted in any of the following:

a) When final judgment has been passed by the competent authorities of the requested Party upon the person claimed in respect of the crime or crimes for which extradition is requested.

b) When the person whose surrender is sought is being or has been proceeded against or has been tried and discharged or punished by the requested Party for the crime for which his extradition is requested.

ARTICLE IX

Rule of Specialty

A person who has been extradited shall not be prosecuted, sentenced or detained for any crime committed prior to his surrender other than that for which he was extradited except in the following cases:

a) When the requested Party which surrendered him consents. A request for consent shall be submitted to the requested Party, accompanied by the documents mentioned in Article XVI. Consent shall be given when the crime for which it is requested is itself subject to extradition in accordance with the provisions of Article II of this Treaty, and

b) When the person, having had an opportunity to leave the territory of the Party to which he has been surrendered, has not done so within 45 days of his final discharge, or has returned to that territory after leaving it.

ARTICLE X

Provisional Arrest

1. In case of urgency the competent authorities of the requesting Party may request the provisional arrest of the person sought. The competent authorities of the requested Party shall decide the matter in accordance with its law.

2. The request for provisional arrest shall state that the documents mentioned in Article XVI exist and that it is intended to send a request for extradition. It shall also state for what crime extradition will be requested and when and where such crime was committed and shall so far as possible give a description of the person sought.

3. A request for provisional arrest shall be sent in Thailand to the Director-General of the Police Department, and in the Philippines to the National Bureau of Investigation, either through the diplomatic channels or direct by post or telegraph or through the International Criminal Police Organization (INTERPOL).

4. The requesting Party shall be informed without delay of the result of its request.

5. Provisional arrest may be terminated if, within a period of 20 days after arrest, the requested Party has not received the request for extradition and the documents mentioned in Article XVI.

6. Release from provisional arrest shall not prejudice rearrest and extradition if a request for extradition is received subsequently.

ARTICLE XI

Surrender of the Person to Be Extradited

1. The requested Party shall inform the requesting Party through the diplomatic channels of its decision with regard to the request for extradition.

2. Reasons shall be given for any rejection.

3. If the request is agreed to, the requesting Party shall be informed of the place and date of surrender and of the length of time for which the person claimed was detained with a view to surrender.

4. Subject to the provisions of paragraph 5 of this Article, if the person claimed has not been taken over on the appointed date, he may be released after the expiry of 15 days and shall in any case be released after the expiry of 30 days and the requested Party may refuse to extradite him for the same crime.

5. If circumstances beyond its control prevent a Party from surrendering or taking over the person to be extradited, it shall notify the other Party. The two Parties shall agree on a new date for surrender and the provisions of paragraph 4 of this Article shall apply. 

ARTICLE XII

Postponed Surrender

The requested Party may, after making its decision on the request for extradition, postpone the surrender of the person claimed in order that he may be proceeded against by the Party or, if he has been convicted, in order that he may serve his sentence in the territory of that Party for a crime other than that for which extradition is requested.

ARTICLE XIII

Handing Over of Property

1. The requested Party shall, insofar as its law permits and at the request of the requesting Party, seize and hand over property:

(a) which may be required as evidence, or

(b) which has been acquired as a result of the crime and which, at the time of the arrest, is found in the possession of the person claimed or discovered subsequently.

2. The property mentioned in paragraph 1 of this Article shall be handed over even if extradition, having been agreed to, cannot be carried out owing to the death or escape of the person claimed.

3. When the said property is liable to seizure or confiscation in the territory of the requested Party, the latter may, in connection with pending criminal proceedings, temporarily retain it or hand it over on condition that it be returned.

4. Any right which the requested Party or any other State may have acquired in the said property shall be preserved. Where these rights exist, the property shall be returned without charge to the requested Party as soon as possible after the trial.

ARTICLE XIV

Procedure

The procedure with regard to extradition and provisional arrest of the person requested to be extradited shall be governed solely by the law of the requested Party.

ARTICLE XV

Expenses

Expenses incurred in the territory of the requested Party by reason of extradition shall be borne by that Party.

ARTICLE XVI

Request and Supporting Documents

1. A request for extradition shall be in writing and sent in Thailand to the Minister of Interior, and in the Philippines to the Minister of Justice, through the diplomatic channels.

2. The request shall be supported by:

(a) the original or an authenticated copy of the conviction and sentence immediately enforceable or of the warrant or arrest or other order having the same effect and issued in according with the procedure laid down in the law of the requesting Party.

(b) a statement of the crime for which extradition is requested. The time and place of its commission, its legal description and a reference to the relevant legal provisions shall be set out as accurately as possible; and

(c) a copy of the relevant enactment or, where this is not possible, a statement of the relevant law, and as accurate a description as possible of the person claimed, together with any other information which will help to establish his identity and nationality.

3. The documents to be used in extradition proceedings shall be drawn up in the English language.

ARTICLE XVII

Multiple Requests

A Party which receives two or more requests for the extradition of the same person either for the same crime, or for different crimes, shall determine to which of the requesting States it shall extradite the person sought, taking into consideration the circumstances and particularly the possibility of a later extradition between the requesting States, the seriousness of each crime, the place where the crime was committed, the nationality of the person sought, the dates upon which the requests were received and the provisions of any extradition agreements between that Party and the other requesting State or States.

ARTICLE XVIII

Settlement of Disputes

Any dispute between the two Parties arising out of the interpretation or implementation of this Treaty shall be settled peacefully by consultation or negotiation.

ARTICLE XIX

Entry Into Force

This Treaty shall enter into force on the date of exchange of Instruments of Ratification.

ARTICLE XX

Termination

This Treaty may be terminated at any time by either Party giving the other six months prior notice of its intention to do so. Such termination shall not prejudice any proceedings commenced prior to the giving of such notice.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Treaty.

DONE in duplicate at MANILA on 16th day of March 1981 in the English language.

FOR THE GOVERNMENT	FOR THE GOVERNMENT
OF THE REPUBLIC	OF THE KINGDOM
OF THE PHILIPPINES	OF THAILAND
(SGD.) CARLOS P. ROMULO	(SGD.) SIDDAI SAVETSILA
Minister of Foreign Affairs	Minister of Foreign Affairs