The Manila Regional Trial Court has allowed embattled Manila Rep. Mark Jimenez to spend his Christmas here.
But the court said Jimenez must still face the music and leave for the United States by Dec. 26 or face arrest.
"The respondent shall voluntarily depart for US not later than Dec. 26. In the event respondent fails to do so, the order shall serve as a warrant for his immediate arrest and delivery to the appropriate US authority," said Manila RTC Branch 42 Judge Guillermo Purganan in a one-page resolution.
Purganan said he has agreed to adopt the joint manifestation filed by Jimenez’s lawyers with the Department of Justice (DOJ) during a closed-door hearing late Thursday.
Purganan also ordered National Bureau of Investigation (NBI) Director Reynaldo Wycoco to assign two agents to accompany Jimenez and guarantee his voluntary return to the US not later than Dec. 26, a day after Christmas, sometimes known as Boxing Day in some Western nations.
"Respondent shall submit himself to custody of the aforesaid NBI agents on his departure date, which should not be later than Dec. 26, 2002, for turnover to appropriate US government representatives authorized to receive him in Manila," the order said.
Purganan also noted that the "extradition proceedings are hereby terminated on the basis of the pleadings filed by the DOJ and Jimenez’s lawyers." The judge cited as basis for termination Article 14 of the RP-US extradition treaty.
Under the joint manifestation of the DOJ and Jimenez’s lawyer, NBI agents should keep watch over Jimenez all the time until he leaves for the United States.
The NBI said they are drawing up a schedule of shifts to keep watch over the controversial lawmaker, earlier branded as a "flight risk" by the court.
State Counsel Claro Flores said Jimenez’s lawyers have asked them to keep the details of the resolution "secret," claiming the lawmaker simply wanted to maintain a low profile and leave quietly.
Jimenez, however, may face more problems even as he seems resigned to his imminent extradition.
A highly placed source at the DOJ said Jimenez’s assets can be seized on orders of the court.
The source told The STAR that the moment Purganan decides to turn over the legislator to the United States, the requesting state can seek a court order that will authorize it to confiscate assets deemed necessary for the case.
"This (Manila court) doesn’t have to be the extradition court. There can be a seizure and surrender of the extraditees’ properties upon the request of the requesting state," the source said.
This may include "all articles, documents and evidence connected with the offense," the source added.
One issue that can be raised would be the residence of Jimenez at Forbes Park in Makati City, which the Manila legislator bought from Prince Jeffrey Bolkiah, brother of Sultan Hassanal Bolkiah of Brunei.
"That was the property of the US before it was bought by Prince Jeffrey," the source said, adding there might be some questions regarding the circumstances by which Jimenez acquired the property.
Citing Section 17 of the RP-US extradition treaty, the source said "articles found in possession of the accused may be seized upon order of the court at the instance of the requesting state or government."
Jimenez visited the US Embassy last Wednesday to express his intention to surrender voluntarily. US officials said it was up to the Philippine court to set the terms and time for his surrender.
The United States requested Jimenez’s extradition in 1999, two years after his indictment in a district court in Florida, where he ran a computer spare parts dealership. In 1998, Jimenez fled the United States and last year was elected as member of the House of Representatives.
"The case of Jimenez is a constitutional issue but he chose to voluntarily give himself up," he said.
Pimentel insisted the warrant of arrest against Jimenez cannot be enforced since Congress was still in session.
But to Speaker Jose de Venecia, the decision of the extradition court only proves that no one, even a lawmaker like Jimenez, is above the law.
"This proves once and for all that no congressman is above the law," he said.
Justice Secretary-on leave Hernando Perez also said the court decision to allow the extradition of Jimenez has highlighted the prevailing judicial system in the country.
"The rule of law prevailed and that is what I fought for. I respect the decision of the court." he said.
Malacañang said it will enforce the decision within the prescribed date.
"Our position has been it is up to the court to decide," Presidential Spokesman Rigoberto Tiglao said.
Tiglao said President Arroyo has already instructed Wycoco to make the necessary arrangements for the security of Jimenez.
De Venecia, on his part, said he will now be released "from temporary responsibility of taking continuing custody of Representative Jimenez."
He pointed out that Jimenez would still remain a member of the House even while in the US facing the charges.
Notwithstanding the pending extradition of Jimenez, some of his colleagues at the House are proposing the holding of a special election to replace him.
Commission on Elections (Comelec) Chairman Benjamin Abalos, however, said this would not be the scenario.
Even if Jimenez is sent back to the United States, he will still be a member of the House of Representatives, Abalos said.
He said Congress cannot declare a vacancy even in this situation, until after Jimenez is convicted.
And if Jimenez is finally convicted, Abalos said only then can Congress declare a vacancy in the House where Comelec will implement the wishes of the legislative body by supervising the election. — With reports from Perseus Echeminada, Marichu Villanueva, Jess Diaz, Sandy Araneta