Cited by Justice Reynato S. Puno in the Resolution of Secretary of Justice v. Lantion (G.R. No.

139465, 343 SCRA 377, [October 17, 2000]). CASE SYNOPSIS As a probable extraditee under the RP-US Extradition Treaty, private respondent contended that he should be furnished a copy of the US government request for his extradition and its supporting documents even while he is still under evaluation by petitioner Secretary of Justice. The Secretary of Justice, however, feared the demanded notice is equivalent to a notice to flee. In permanently enjoining the RTC from further conducting proceedings in Civil Case No. 99-94684, the Supreme Court held: that private respondent is not entitled to the right of notice and hearing during the evaluation stage of the extradition process; that there is no provision in the RP-US Extradition Treaty and in P.D. No. 1069 giving an extraditee such right; that a court cannot alter, amend or add to a treaty any clause, upon any motion of equity, or general convenience, or substantial justice; that the terms of the treaty should be interpreted in the light of their intent; that other countries with similar extradition treaties with the Philippines have expressed the same interpretation adopted by the Philippine and US governments; and that an extradition proceeding is sui generis, not a criminal proceeding which will call into operation all the rights of an accused as guaranteed by the Bill of Rights. SUMMARY OF ARTICLE The author argues that there is still an ambiguity in the definition of what constitutes a political offense. This makes it difficult to extradite offenders because the political offense doctrine is the exception to the law of extradition. Still, burden of proof is on the fugitive to show that his act was political in character. She argues the final decision rests on its character rests with the government in which the demand for extradition was made. Although the political offense doctrine as a rule of International Law, the offender has no procedural capacity to demand a right of asylum because the characterization of an offense as political is determined by the law of the requisitioning state.