CA stops fugitive’s bid to question US extradition treaty

MANILA, Philippines - The Court of Appeals has stopped a Manila court from ordering the Department of Justice (DOJ) to prove the validity of its extradition treaty with the United States.

The order stemmed from a motion by Dr. Eric Uy Chan, who is facing extradition for allegedly defrauding the California health care program of more than $3 million.

Records show Chan was arrested by the National Bureau of Investigation in 2012 after he fled the US to evade arrest and prosecution for cases that included grand theft before the Los Angeles Superior Court.

In a four-page resolution released earlier this month, the CA’s 12th Division issued a temporary restraining order, effective for 60 days, stopping the implementation of the order by Manila Regional Trial Court Branch 1 Judge Tita Bughao Alisuag requiring the DOJ to submit certified true copies of the instruments of ratification of the extradition before the court.

The CA held that jurisprudence on extradition “is but in its infancy” and there is a need to study further its merits.

The CA recognized the fact that extradition proceedings are summary in nature, and that most of the issues related to the case may be tackled separately from the petition before it.

“Hence, it is imperative that the implementation of the assailed subpoena duces tecum/ad testificandum dated Feb. 2, 2015 be temporarily held in abeyance so as not to render moot the issues attendant in the present petition for certiorari,” read the CA ruling penned by Associate Justice Manuel Barrios.

The CA also directed Chan to submit a memorandum within 20 days why the TRO should not be made permanent.

Associate Justices Ramon Bato Jr. and Maria Elisa Sempio Diy concurred in this ruling.

The US government argued that the order of Alisuag implicitly allowed Chan’s camp to launch a collateral attack on the extradition treaty, especially as he manifested before the court that he will present witnesses to prove that there is no valid extradition treaty between the Philippines and US governments.

The US government said a treaty is considered a law, and a law cannot be collaterally attacked.