The Department of Justice (DOJ) asked the Supreme Court yesterday to cancel the P1-million bail granted by Manila Judge Guillermo Purganan for the provisional liberty of Jimenez, who is wanted by US authorities.
In its 24-page petition, signed by Undersecretary Merceditas Gutierrez and State Counsel Claro Flores, the DOJ maintained that neither the Philippine Extradition Law (Presidential Decree 1069) nor the RP-US Extradition Treaty provides bail for extraditees.
"Jimenez is an imminent flight risk. The fact that Jimenez won a seat in Congress does not mean that he will not leave the country. If he flees, the government cannot extradite to the US his seat in Congress, or the (P1 million) bond," they argued.
They added: "The omission of a bail provision in PD 1069 was not by inadvertence but was deliberate, to prevent the flight of the person whose extradition is requested and to ensure the surrender of such person to the requesting state."
They said extradition proceedings are unlike criminal cases where the guilt of an accused is determined, in which case courts grant bail if the evidence is weak. In extradition, a court merely finds out whether one is extraditable or not.
"His guilt or innocence will be adjudged in the court of the state where he will be extradited. It has been held that the right to bail is not available in administrative proceedings, such as deportation proceedings, nor in military proceedings," the DOJ argued.
Jimenez can even utilize the influence of his new position "to facilitate his flight to another country with which the US has no extradition treaty," the DOJ added.
It pointed out that the Court of Appeals (CA) ruling on the case of former Quezon Gov. Eddie Rodriguez and his wife Imelda, which was cited by Purganan in approving the bail, was recalled by the court’s fifth division on June 18, more than two weeks prior to Purganan’s July 3 bail order. – Delon Porcalla