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Secretary of Justice vs Hon. Ralph Lantion & Mark Jimenez [DISSENTING OPINION, PANGANIBAN,J.]

SECRETARY OF JUSTICE, petitioner, vs. HON. RALPH C. LANTION, Presiding Judge, Regional Trial Court of Manila, Branch 25, and MARK B. JIMENEZ, respondents.

G.R. No. 139465 | 2000-01-18

D E C I S I O N 

PANGANIBAN, J.: 

With due respect, I dissent. 

The main issue before us is whether Private Respondent Mark B. Jimenez is entitled to the due process rights of notice and hearing during the preliminary or evaluation stage of the extradition proceeding against him. 

Two Stages in Extradition 

There are essentially two stages in extradition proceedings: (1) the preliminary or evaluation stage, whereby the executive authority of the requested state ascertains whether the extradition request is supported by the documents and information required under the Extradition Treaty; and (2) the extradition hearing,...