Best Extradition Lawyers in Makati City

1. About Extradition Law in Makati City, Philippines

Extradition is the legal process by which a person in the Philippines may be surrendered to a foreign country for prosecution or punishment for offenses committed there. In Makati City, as in the rest of the Philippines, extradition is a national matter handled through the Department of Justice, the Bureau of Immigration, and the courts. Local courts in Makati do not decide the merits of foreign criminal charges; they rule on extradition requests and related motions under national law.

The cornerstone of Philippine extradition law is Commonwealth Act No. 75, which provides the framework for surrendering individuals to foreign states. Extradition is also guided by international treaties to which the Philippines is a party and by the Rules of Court governing extradition proceedings. Because these instruments often involve complex issues of due process and international cooperation, many cases require skilled legal interpretation and advocacy by a lawyer.

For Makati residents, the practical impact is that any extradition matter will typically involve cooperation among city-based police or jail facilities, the DOJ, the BI, and the trial or appellate courts in Manila. A local attorney familiar with Makati’s courts can help coordinate filings, deadlines, and appearances to protect rights throughout the process.

Sources: Department of Justice Philippines, Bureau of Immigration, Official Gazette. See official government resources for the text and current procedures.

2. Why You May Need a Lawyer

These concrete, Makati-specific situations commonly require legal counsel in extradition matters:

• You receive a formal extradition request or arrest warrant while living in or visiting Makati, and you need immediate guidance on how to respond and protect your rights.
• A foreign government seeks your surrender for charges abroad, and you want to challenge the request on grounds such as due process, treaty eligibility, or double jeopardy concerns.
• You are a corporate executive or employee in Makati facing cross-border criminal allegations, and the company needs to coordinate with Philippine authorities and foreign counterparts to avoid improper surrender or procedural errors.
• You seek to preserve or challenge evidence that may be needed in a foreign proceeding, including asserting privilege or ensuring lawful searches and detentions in Makati facilities.
• You want to understand the impact of an extradition treaty on your case, including timing, remedies, and possible waivers or defenses under Philippine law.
• You are concerned about human rights protections, humane treatment, or conditions of detention during the extradition process, and you need a lawyer to evaluate remedies and appeals.

A Makati-based lawyer can also help with related steps such as negotiating stay orders, handling habeas corpus motions, and coordinating with international law enforcement partners to ensure lawful procedure and timely decisions.

3. Local Laws Overview

Philippine extradition is governed by several key instruments. The main statutory framework is Commonwealth Act No. 75, which provides the basis for surrendering fugitives to foreign states. This Act remains central, with amendments and interpretations arising from treaties and subsequent court decisions.

The country also operates under international frameworks, including bilateral extradition treaties to which the Philippines is a party. A primary example is the Extradition Treaty with the United States, which forms the basis for many cross-border surrender requests. Treaties prevail over domestic law when applicable, subject to Philippine constitutional processes and safeguards.

In addition, the 1987 Constitution provides the constitutional authority for international treaties and extradition actions, within the framework of due process and national sovereignty. Philippine courts apply treaty obligations through their standard procedures for extradition and rendition. For residents in Makati, these instruments guide how cases are filed, challenged, and resolved in local and national courts.

Recent trends emphasize cooperation, expedited procedures where allowed by treaty, and careful protection of the rights of individuals subject to surrender. Here are official sources you can consult for the text and summaries of these instruments: Department of Justice Philippines, Bureau of Immigration, Official Gazette, and the Supreme Court of the Philippines.

Statement of practice: Extradition proceedings depend on both domestic law and binding international agreements, with due process guaranteed by the Philippine Constitution and Rules of Court.

Sources: Department of Justice Philippines, Bureau of Immigration, Official Gazette, Supreme Court of the Philippines. See official government sources for authoritative texts and current procedures.

4. Frequently Asked Questions

What is extradition in the Philippines and why does Makati matter?

Extradition is the surrender of a person to a foreign country for prosecution or punishment. Makati matters because local authorities may host detention, hearings, and coordination with national agencies during the process.

How do I start an extradition defense if I am in Makati?

Consult a licensed extradition lawyer in Makati promptly. They will assess the treaty basis, review notices, and prepare any necessary motions or defenses for the courts.

What is the difference between extradition and rendition?

Extradition is a formal process under treaty or law to surrender a person for prosecution. Rendition is a related term used in some contexts to describe surrender after due process or court orders.

What is the typical timeline for an extradition case in Makati?

Timelines vary by case, but a straightforward extradition request can take several months to over a year depending on filings, appeals, and treaty procedures. Your lawyer can provide a more precise estimate.

Do I qualify for a defense in an extradition case?

Yes. A lawyer can raise defenses based on treaty limitations, double jeopardy concerns, improper notice, unlawful detention, or violation of due process rights under Philippine law.

How much does it cost to hire an extradition lawyer in Makati?

Costs vary by case and attorney, but expect consultation fees, case-specific retainer arrangements, and potential court-related expenses. Discuss a clear fee structure during your first meeting.

What should I do if I receive an extradition notice?

Do not ignore it. Contact a Makati-based extradition attorney immediately to review the notice, confirm deadlines, and plan a response that protects your rights.

What is the difference between an extradition treaty and a domestic arrest?

Extradition treaties govern cross-border surrender, while domestic arrest relates to Philippine criminal process. Treaties establish the framework for cooperation with foreign authorities.

Can I challenge an extradition order in court?

Yes. Remedies include habeas corpus or other motions to review the legality of detention, the sufficiency of evidence, and treaty compliance.

Where can I find official information on extradition procedures?

Official sources include the Department of Justice, Bureau of Immigration, Official Gazette, and the Supreme Court. They publish texts, guidelines, and notices related to extradition.

Do I need to be physically present in Makati for hearings?

Not always. Hearings may occur in Manila or through remote arrangements, depending on the case and court orders. Your attorney will advise you on appearances.

Is extradition always possible if a treaty exists?

No. Even with a treaty, surrender requires compliance with due process, admissible evidence, and judicial approval as determined by Philippine law.

5. Additional Resources

• - Central authority for extradition requests and mutual legal assistance; coordinates with foreign authorities and the courts. Website: https://www.doj.gov.ph
• - Handles detention, surrender coordination, and matters related to travel and custody of individuals under extradition procedures. Website: https://immigration.gov.ph
• - Provides case law, rules of court, and procedural guidance on extradition matters. Website: https://sc.judiciary.gov.ph