Scribd Logo
Upload

Welcome to Scribd!

  • 6K views

    Case Digest: Secretary of Justice vs. Lantion, G.R. No. 139465 (Jan. 18, 2000)

    Uploaded by

    Misyel Lopez Aragrev
    The Secretary of Justice denied a request from Mark Jimenez to furnish him copies of an extradition request from the US and to give him time to respond. Jimenez filed a case arguing this violated his due process rights. The court ruled that while treaties must be upheld in good faith, the Philippine Constitution is the highest law and individuals still have due process rights. International law is equal to national law domestically, and later laws can override earlier ones. Therefore, Jimenez was entitled to basic due process over the government's treaty obligations.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Case Digest: Secretary of Justice vs. Lantion, G.R. No. 139465 (Jan. 18, 2000)

    Uploaded by

    Misyel Lopez Aragrev
    6K views1 page
    The Secretary of Justice denied a request from Mark Jimenez to furnish him copies of an extradition request from the US and to give him time to respond. Jimenez filed a case arguing this violated his due process rights. The court ruled that while treaties must be upheld in good faith, the Philippine Constitution is the highest law and individuals still have due process rights. International law is equal to national law domestically, and later laws can override earlier ones. Therefore, Jimenez was entitled to basic due process over the government's treaty obligations.

    Original Description:

    Case Digest Constitutional Law II Due Process Clause

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The Secretary of Justice denied a request from Mark Jimenez to furnish him copies of an extradition request from the US and to give him time to respond. Jimenez filed a case arguing this violated his due process rights. The court ruled that while treaties must be upheld in good faith, the Philippine Constitution is the highest law and individuals still have due process rights. International law is equal to national law domestically, and later laws can override earlier ones. Therefore, Jimenez was entitled to basic due process over the government's treaty obligations.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    6K views1 page

    Case Digest: Secretary of Justice vs. Lantion, G.R. No. 139465 (Jan. 18, 2000)

    Uploaded by

    Misyel Lopez Aragrev
    The Secretary of Justice denied a request from Mark Jimenez to furnish him copies of an extradition request from the US and to give him time to respond. Jimenez filed a case arguing this violated his due process rights. The court ruled that while treaties must be upheld in good faith, the Philippine Constitution is the highest law and individuals still have due process rights. International law is equal to national law domestically, and later laws can override earlier ones. Therefore, Jimenez was entitled to basic due process over the government's treaty obligations.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Due Process

    Secretary of Justice vs. Lantion, GR 139465 (Jan. 18, 2000)


    FACTS:
    Department of Justice (DOJ) received from the Department of Foreign Affairs
    U.S. a request for the extradition of private respondent Mark Jimenez to the U.S. for
    violation of Conspiracy to Commit Offense, Attempt to Evade Tax, Fraud by Wire,
    Radio, or Television, False Statement, and Election Contribution in Name of Another.
    During the evaluation process of the extradition, the private respondent,
    requested the petitioner, Secretary of Justice, to furnish him copies of the
    extradition request from the U.S. government, that he be given ample time to
    comment regarding the extradition request against him after he shall have received
    copies of the requested papers, and to suspend the proceeding in the meantime.
    The petitioner, Secretary of Justice denied the request in consistent with Art.
    7 of the RP US Extradition Treaty which provides that the Philippine Government
    must represent the interests of the U.S. in any proceedings arising from an
    extradition request.
    The private respondent filed with the RTC against the petitioner Hon. Ralph
    Lantion (presiding judge RTC Manila Branch 25) a mandamus, a certiorari, and a
    prohibition to enjoin the petitioner, the Secretary of DFA, and NBI from performing
    any acts directed to the extradition of the respondent, for it will be a deprivation of
    his rights to due process of notice and hearing.
    ISSUE:
    Whether or not the respondent Mark Jimenez is entitled to the basic
    rights of due process over the governments duties under a treaty?
    RULING:
    Yes. According to the principle of Pacta Sunt Servanda, parties to a treaty
    should keep their agreements to good faith. However, Sec. 2 of Art. 2 of the
    Constitution (incorporation clause) provides that the Philippines adopts the
    generally accepted principles of international law as part of the law of the land.
    Incorporation clause is applied when there is a conflict between the
    international law and local/municipal law. However, jurisprudence dictates that
    municipal law should be upheld by the municipal court.
    The fact that the international law has been made part of the law of the land
    does not imply the primacy of international law over national or municipal law in the
    municipal sphere. Rules of international law are given an equal standing with, but
    not superior to, the national legislative enactment. The principle of Lex Posterior
    Derogat Priori clarifies that a treaty may repeal a statute and a statute may repeal
    a treaty. And the Republic of the Philippines considers its Constitution as the highest
    law of the land, therefore, both statutes and treaty may be invalidated if they are
    conflict with the constitution.

    You might also like