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Government of Hongkong vs. Munoz [DISSENTING OPINION, LEONEN, J.]

GOVERNMENT OF HONGKONG SPECIAL ADMINISTRATIVE REGION, REPRESENTED BY THE PHILIPPINE DEPARTMENT OF JUSTICE, PETITIONER, VS. JUAN ANTONIO MUNOZ, RESPONDENT.

G.R. No. 207342 | 2016-08-16

DISSENTING OPINION

LEONEN, J.:

Respectfully, I dissent.

Under Presidential Decree No. 1069,[1] otherwise known as the Philippine Extradition Law, extradition may be granted only under a treaty or convention.[2] In this case, the relevant treaty is the Agreement Between the Government of the Republic of the Philippines and the Government of Hong Kong for the Surrender of Accused and Convicted Persons (RP-HK Agreement), which provides:
 
ARTICLE 2
OFFENCES

(1) Surrender shall be granted for an offence coming within any of the following descriptions of offences insofar as it is according to the laws of both Parties punishable by imprisonment or...