Treaty on Extradition Between the Republic of the Philippines and Switzerland

November 25, 1995

SENATE RESOLUTION NO. 12

RESOLUTION CONCURRING IN THE RATIFICATION OF THE TREATY ON EXTRADITION BETWEEN THE REPUBLIC OF THE PHILIPPINES AND SWITZERLAND

WHEREAS, the Treaty on Extradition between the Republic of the Philippines and Switzerland was done at Berne, Switzerland on 19 October 1989. cHaDIA

WHEREAS, the Treaty, done in English and French texts and containing Eighteen (18) Articles, was patterned closely after the RP-Australia Extradition Treaty except for a few amendments introduced in Articles 2, 3, and 17 thereof, whereby "deprivation of liberty" was included among the extraditable offense; re-wording of the phrase excluding the taking of life of any Head of State from the coverage of political offenses; the determination of the nationality of the offender at the time of the commission of the offense for which extradition is requested; the deletion of the provision on territorial application for several cogent reasons; and the settlement of disputes through the International Court of Justice instead of mere consultations and negotiations;

WHEREAS, as in the RP-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 one or more years;

WHEREAS, the Treaty stipulates that extradition shall not be granted for offenses of a political, military or fiscal nature and if the offense is punishable by death under the laws of the Requesting States, extradition may be refused unless it is established that the capital punishment will not be carried out;

WHEREAS, the usual provisions of the extradition treaty such as the principle that State is not under any obligation to surrender a fugitive from justice in the absence of an extradition pact; the limitation of extradition offenses as those punishable under the laws of both States; the condition that a person extradited shall not be prosecuted, sentenced or detained for any offense other than for which he was extradited; the condition that the crime allegedly must have been perpetrated within the jurisdiction of the Requesting State; and that extradition proceedings must be prosecuted by the Requesting State in the public interest and may not be used by a private vengeance or personal purpose, have also been embodied in the Treaty;

WHEREAS, the Treaty is mutually beneficial to both Contracting States, particularly in the light of the efforts of the Philippine Government to recover hidden wealth stashed in the Swiss banking institutions;

WHEREAS, Article 18 of the Treaty provides that it shall enter into force one hundred eighty (180) days after the date on which the Contracting States have notified each other in writing that their requirements for the entry into force of the Treaty have been complied with;

WHEREAS, pursuant to Section 21 of Article VII of the 1987 Constitution of the Philippines, the Treaty shall become valid and effective upon the concurrence of at least two-thirds (2/3) of all the members of the Senate: Now, therefore, be it

Resolved, as it is hereby resolved, That the Senate of the Philippines concur, as it hereby concurs, in the ratification by the Republic of the Philippines of the Treaty on Extradition between the Republic of the Philippines and Switzerland.

Adopted,

 

(SGD.) NEPTALI A. GONZALESPresident of the Senate

This Resolution was adopted by the Senate on November 27, 1995.

 

(SGD.) HEZEL P. GACUTANSecretary of the Senate

Treaty on Extradition Between the Republic of the Philippines And Switzerland