Treaty on Extradition Between the Republic of the Philippines and the Federated States of Micronesia

July 27, 1994

SENATE RESOLUTION NO. 93

RESOLUTION CONCURRING IN THE RATIFICATION OF THE TREATY ON EXTRADITION BETWEEN THE REPUBLIC OF THE PHILIPPINES AND THE FEDERATED STATES OF MICRONESIA

WHEREAS, the Treaty on Extradition Between the Republic of the Philippines and the Federated States of Micronesia was done at Pohnpei, Federated States of Micronesia on 31 March 1990;

WHEREAS, the Treaty, consisting of 19 Articles, embodies fundamental principles of extradition such as the principle that a State is not under any obligation to surrender a fugitive from justice in the absence of an extradition treaty: the condition that a person shall not be prosecuted, sentenced or detained for an offense other than that for which he was extradited: the condition that the crime allegedly committed must have been perpetrated within the jurisdiction of the Requesting State;

WHEREAS, the Treaty also stipulates that extradition shall not be granted for offenses regarded by the Requested States as a political offense except in the case of the taking or attempted taking of the life of any Head of State or Head of Government or a member of his or her family;

WHEREAS, as in the Philippine-Australia Extradition Treaty, the "non-list" double criminality approach was adopted with extraditable offenses being those punishable under the laws of both Contracting States by imprisonment of a period of at least one year or by a more severe penalty;

WHEREAS, the Treaty likewise provides that extradition may be refused as in cases when the offense was made to prosecute or punish a person, for reasons of discrimination and when the offense is punishable by cruel or inhuman treatment in the Requesting State;

WHEREAS, the Contracting States through the Treaty may provide for a more effective cooperation in the repression of crime; HDAaIc

WHEREAS, Article 19 of the Treaty provides that it shall enter into force 180 days after the date on which the Contracting States have notified in writing that their respective requirements for the entry into force of the Treaty have been complied with;

WHEREAS, pursuant to Section 21, Article VII of the 1987 Constitution, "no treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate": Now, therefore, be it

Resolved, That the Senate of the Philippines concur, as it hereby concurs, in the ratification by the President of the Philippines, of the Treaty on Extradition Between the Republic of the Philippines and the Federated States of Micronesia was done at Pohnpei, Federated States of Micronesia on 31 March 1990.

Adopted.

 

(SGD.) EDGARDO J. ANGARAPresident of the Senate

This Resolution was adopted by the Senate on July 27, 1994.

 

(SGD.) EDGARDO E. TUMANGANSecretary of the Senate

Treaty on Extradition Between the Republic of the Philippines and the Federated States of Micronesia