Thread by @lianbuan

[Thread] Process of potential extradition for Pastor Apollo Quiboloy to the US. The United States will first file a request for extradition, coursed through the diplomatic channels. DFA as first step is not merely ministerial, said Justice Sec Menardo Guevarra @rapplerdotcom

Guevarra said DFA will make the determination if the case is covered by the PH-US extradition treaty, including the dual criminality test, meaning the offense is a crime both in PH and US. If request passes those test, it is endorsed to DOJ.

If and when it is endorsed to the DOJ, prosecutors will file a petition for extradition before a local court. This process, including the right to appeal, follows regular process said Guevarra. In case a warrant is issued, Quiboloy may post bail.

How long will this take? Uncertain. But Guevarra said *extradition is supposed to be a summary proceeding; we’re not supposed to be trying the US criminal charges here. But we have had cases where the process reached the supreme court, but were ultimately implemented."

A Hold Departure Order is not possible at this point because there is no court case, as courts can only issue this. However prosecutors can apply for a precautionary HDO. This does not apply yet to Quiboloy's local case, said Guevarra.

There was a rape, trafficking and child abuse complaints against Quiboloy but these were dismissed by Davao prosecutors. It is under review by Secretary Guevarra. "Until DOJ finds sufficient reason to reverse finding of city prosecutor, it has no basis to apply for PHDO."

Another option would be the Immigration Lookout Bulletin Order (ILBO). It will not bar a person from leaving, but authorities will be alerted of subject's movements. Guevarra said complainant in the case under review may request ILBO.

A head of agency may also request an ILBO. Previously, DOJ issued ILBOs against the subjects of the Pharmally investigation on the request of Senate President Tito Sotto.

In US indictment, abused church workers were from PH sent to the US on misrepresented visas, and the funds they solicit are sent to PH too. Can there be a local case because of PH element? DOJ will know once the extradition request is assessed. rappler.com/nation/us-indi…

FBI Los Angeles Press Officer Laura Eimiller tells Rappler: "We cannot comment on extradition proceedings, including whether they have been initiated. There are outstanding arrest warrants for the fugitives and our investigation is continuing."

Guevarra said DOJ can issue an immigration lookout on its own, without a need for a request. "Urgency is the key factor. We’ll play it by ear as we examine the evidence before us and as outside events unfold."

Full story: rappler.com/nation/doj-to-…