Treaties English case law

7/28/2019 Treaties English case law

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1. Cites include the year in brackets whenessential to finding the case, e.g. [1969] 1 AllE.R.210, and the year in parenthesis when thevolume number is sequential from year to year.2. Parties in civil cases are referred to as Smith

and Jones rather than Smith versus Jones,although they are cited as Smith v. Jones. Incriminal cases, the parties are referred to as theCrown against Williams not versus and will becited R. v. Williams. Most case indexes use theinitial letter "R."3. Cases involving the Crown are cited as R. v.defendant (the R indicating Regina or Rexdepending on which monarch was reigning at thetime that the action was brought).

3. MODERN REPORTS 1865-DATE

The Law Reports

Published by the Incorporated Council of Law Reporting for England and Wales.

PERIOD COVERED: Began publication in 1865. Originally 11 titles from 1865-1875, six titles 1876-1890 and four titles from 1891-date, reflecting the changesin the court structure.

PUBLICATION SCHEDULE: Published approximately 9 months or more after the

date of the decision. Usually each series will publish more than one volume peryear.

ARRANGEMENT & COVERAGE: Currently the Law Reports comprises thefollowing four series;Appeal Cases (House of Lords and Privy Council),Chancery Division (High Court - Chancery, and Court of Appeal), Queen's(King's) Bench Division (High Court - Queen's Bench and both divisions of theCourt of Appeal), and Probate Division more recently known as the FamilyDivision. Usually the Law Reports are shelved in this order thereby reflecting theCourt hierarchy. Cases from the Court of Appeal are reported in the seriescorresponding to the court the case originated, unless it was further appealed to

House of Lords when it would be reported in the Appeal Cases.

ACCESS: Decennial digests from 1865-1950, Red bound indexes (known simplyas the Red indexes) for the years 1951-60, 1961-70, 1971-80, 1981-90 and1991-1993. Pink indexes (issued quarterly) for recent material. Indexes includetable of cases, subject index, cases, statutes and statutory instruments judiciallyconsidered. The pink and red indexes also index cases reported in a number ofother law reporters.


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OF NOTE: These reports also include the arguments of counsel. The decisionsare read by the judiciary and should be considered official for citation purposes.

CITATION: Caparo Industries Plc v. Dickman [1990] 2 A.C. 605. Citations to theearlier series of Law Reports (pre-1891) are by volume number not date. Since

1875 L.R. has been omitted from the citation.

Weekly Law Reports

PERIOD COVERED: 1953-Date

PUBLICATION SCHEDULE: Weekly paper issues and 3 annual volumes.

ARRANGEMENT & COVERAGE: Each issue includes pagination for more thanone volume which may cause confusion. Reports cases from the same courts asthe Law Reports.

ACCESS: Red and pink indexes as noted above for Law Reports. Each issuealso contains a cumulative table of cases, a subject index, and a listing of casesand statutes judicially considered.

OF NOTE: Cases reported in volume 1 are not reported in Law Reports volumes.

CITATION: Holgate v. Duke [1984] 2 W.L.R. 660

All England Law Reports

Published by Butterworth's.

PERIOD COVERED: 1936-Date

PUBLICATION SCHEDULE: Weekly paper reports, 3 or more annual boundvolumes.

ARRANGEMENT & COVERAGE: House of Lords, Privy Council, both divisionsof the Court of Appeal, and all divisions of the High Court. Shelved by year andthen by volume number within year.

ACCESS: All E.R. indexed by a 3 volume Consolidated Tables and Index 1936-1992 and annual Tables and Index pamphlets since 1992.

OF NOTE: All E.R. loose issues include a noter-up service. Annual Reviewvolumes are published which include articles detailing events in an area of lawover the past 12 months.

CITATION: Mills v Cooper [1967] 2 All ER 100


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Among the 60+ other modern law reporters the more popular include CriminalAppeal Reports, Lloyd's Law Reports, Justice of the Peace Reports, Simon's TaxCases, Road Traffic Reports, Industrial Cases reports, Local GovernmentReports, Knight's Industrial Reports. On occasion the only available report of acase is in a newspaper (Times or Financial Times) or in a law journal (e.g.

Solicitor's Journal, New Law Journal, Law Society Gazette).

4. OLDER REPORTS (PRE-1865)

1100s-1563

During this period cases were reported in the Year Books and Plea Rolls. TheYear Books have been reprinted by the Selden Society, while the Plea Rollshave been selectively reprinted by both the Selden Society and the Pipe RollSociety. Originally the Year Books were published, beginning in the 1480s, inlaw-French therefore making usage very difficult. Reprints have been translated.

Original purpose of Year Books is unknown however it is more likely that theywere used for educational reasons rather than for precedent. Citations to theYearbooks are as follows: YB 11 Hen.6 Hil. pl.10 (this refers to the yearbook forthe 11th year of the reign of Henry 6th, Hillary term, pleading number 10).

1571-1865

The Nominate Reports.

Over 260 "old reports'' are referred to generically as the Nominate Reports. Thisterm refers to the fact that the reports are named after the individual publishing

the reports (e.g. Giffard). Many of these reports were collections and thereforewere not reporting current material. There is much overlap and a wide range inthe quality of the reporting. Four of the more heavily cited nominate reports arePlowden, Coke, Burrow and Durnford & East (the first to cover terms of court).

The English Reports (Full Reprint)

PERIOD COVERED: 1220 - 1865

ARRANGEMENT & COVERAGE: 178 volumes (the last two volumes are indexvolumes). A reprint of over 100,000 cases contained in the nominate reports.

ACCESS: Two case index volumes at the end of the set and a separatepamphlet that provides a chart to indicate which nominate reports are in whichvolume of the English Reports.

OF NOTE: When two or more versions of the same case were available indifferent nominate reports the more accurate version was chosen for inclusion inthe English Reports. Dates of cases are not always available.


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Revised Reports


ARRANGEMENT & COVERAGE: 152 volumes of reports of the superior courts

still of use to the profession at the time of publication (1891-1920).

ACCESS: Table of cases volume and a subject index-digest in two volumes. OFNOTE: Edited by Sir Frederick Pollock.

All England Law Reports Reprint


ARRANGEMENT & COVERAGE: 6,000 of the "more important" cases in 36volumes, some volumes spanning many years.

ACCESS: Case index volume and subject index of cases.

OF NOTE: First 8 volumes cover nominate reports, the later volumes covermaterial from the Law Times Reports (see below). Headnotes and annotationsare provided, also references to Halsbury's Laws of England.

OTHER OLDER LAW REPORTS

Law Journal Reports (1822-1949), Law Times Reports (1859-1947), Times LawReports (1859-1947)

5. FINDING CASES BY NAME

Is the case after 1865? If yes go to (1), if no go to (3)Is the case very recent (i.e. within the last few weeks or months)? If yes go to (2),if no go to (1)

(1) Tables of cases accompany the major modern law reporters; ConsolidatedTables and Index to All E.R. (only indexes cases reported in All ER), Redindexes to WLR and Law Reports. Tables of Cases also appear in Current LawCase Citator(requires checking more than one volume) and The Digest(main

index and cum supp).

(2)Very recent cases may be located by using the latest issue ofCurrent Law(tables in monthly issues are cumulative), checking the most recent pink index tothe Law Reports (quarterly), checking the Table of cases in the most recentissues ofWeekly Law Reports andAll England Law Reports (same limitations asabove)


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(3)For pre-1865 cases consult the index volumes to English Reports (FullReprint) or the Table of Cases volume to The Digest(formerly called the Englishand Empire Digest). If neither of these work use the table in the All England LawReports Reprintor the Revised Reports may yield an obscure reference.

6. FINDING CASES ON A SUBJECT

The Digest: The Digest (comparable to American digests) can be used for pre-and post- 1865 material. The Digest (formerly known as the English and EmpireDigest) includes cases from many commonwealth countries as well as English,Scottish and Irish decisions. The set comprises 51 base volumes (the current"green band reissue" volumes replaced the older "blue band" volumes), aconsolidated table of Cases volume, and an annual Supplement volume. A newQuarterly Survey brings the Cumulative Supplement up to date. This set isalphabetically arranged by subject (title), a listing of which is provided inside thefront of each volume. When provided with a reference to volume and subject in

the table of cases, turn to the front of the referred volume and look up the caseagain to locate the page number. Each title has a Table of Contents and there isalso a Digest Consolidated Index (subject index) to the entire set which providesreferences to the volume, title, and case number (NOT page number). Volumesare reissued when many changes have occurred and a Reference Adaptor at theback of each volume is used to translate a Green band reissue volume referenceto a Green Band 2nd reissue volume reference1.

Halsbury's Laws of England: This encyclopedic work (in its 4th series) can be agood starting point to locate case material. Like its American counterparts, AmJurand CJS, this set provides an overview of the entire body of law, citing

extensively to case law, statutes and delegated legislation (administrative law).Tables and index volumes at the end of the set are particularly useful in trying tolocate cases.

Current Law: Current Law is a comprehensive legal information service coveringall case and statutory developments from 1947-date. No American equivalentexists although this service does provide a citator service similar to Shepards(see below). Current Law can be broken down into the following componentparts:

Current Law Monthly Digest(monthly), Current Law Yearbook

(annual), Current Law Statutes, Current Law Case Citator, Current Law Statute Citator, and Current LawStatutory Instrument Citator(see below for more information on the citators).

It is worth noting that many libraries used to carry the Scottish version of theCurrent Law publications which included all of the information available in theEnglish version plus coverage of Scottish legal developments, however the
http://tarlton.law.utexas.edu/vlibrary/outlines/uk.html#1%231http://tarlton.law.utexas.edu/vlibrary/outlines/uk.html#1%231


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Scottish versions no longer exist. The monthly digest and the annual yearbookcumulation contain summaries (digests) of recent cases (in addition tosummaries of statutes and statutory instruments). Both the monthly digest andthe yearbook contain extensive tables including a cumulative table of cases anda cumulative subject index to cases reported. References in the indexes are to

entry numbers not page numbers. References to yearbooks are as follows,90/2253 (referring to the 1990 yearbook entry number 2253) while references tothe monthly digests include the month and entry number (digested entries arehighlighted in bold, whereas citator entries are in plain text). Subject arrangementin Current Law is broad, not as specific as The Digest, therefore it is not as usefulfor tracing cases on a particular subject.

7. CASE CITATORS

Current Law Case Citator: Comprises three volumes 1947-1976, 1977-1988 and1989-1995, 1996-1997. The series is brought up to date by annual yearbooks

and the latest monthly digest. Entries provide an extensive list of references tolaw reports and legal journals for each case (cited since 1947 even if case is pre-47) showing whether it has been considered, approved, overruled, etc. Theentries also cite to the Yearbook where the case is digested. This is an importantset, however it is not always easy to use.

The Digest: Following the digest of each case is a listing of citations tosubsequent decisions that have cited the digested case. The annual cumulativesupplement and quarterly survey also provide up to date references to citingcases and includes the treatment (e.g. applied, considered, distinguished, etc.) ofthe case.

All England Law Reports: The Consolidated Tables and Index volumes and theannual tables and index pamphlet provides treatment of cases reported in AllE.R.

Index to the Law Reports: The red and pink indexes provide tables of cases (andstatutes) judicially considered. This is kept up to date by the advance sheets tothe Weekly Law Reports.

8. ONLINE RESOURCES

Lexis: The main resource for online UK caselaw is Lexis. The Lexis UK librarycontains reported English case law dating back to 1936. This information is foundin the Engcas file.

Westlaw: A fairly new addition to online UK case law. Westlaw have recentlyadded a number of files including


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The World Wide Web: Case law resources on the web are still spotty. Althoughdecisions from the House of Lords are usually available within 2 hours, casesfrom lower courts are usually either unavailable on the web or are available at amuch later date. The following sites are the most useful of the UK case law sites:

House of Lords: (1996-) http://www.parliament.the-stationery-office.co.uk/pa/ld/ldjudinf.htm

Court Service: http://www.courtservice.gov.uk/Casetrack*: http://www.casetrack.com/index.htmlJustis.com*: http://www.justis.com/navigate/main.html

1 The two most common problems encountered by users are failing to notewhether they have a reference to a case number or a page number, and notchecking to see whether the indexed reference is to a different issue of the basevolume.

* = Fee Based Service

Revised: December, 1999

Last Updated: October 03, 2006. Copyright 2005. All R
http://www.parliament.the-stationery-office.co.uk/pa/ld/ldjudinf.htmhttp://www.parliament.the-stationery-office.co.uk/pa/ld/ldjudinf.htmhttp://www.courtservice.gov.uk/http://www.casetrack.com/index.htmlhttp://www.justis.com/navigate/main.htmlhttp://www.parliament.the-stationery-office.co.uk/pa/ld/ldjudinf.htmhttp://www.parliament.the-stationery-office.co.uk/pa/ld/ldjudinf.htmhttp://www.courtservice.gov.uk/http://www.casetrack.com/index.htmlhttp://www.justis.com/navigate/main.html


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HOW TO LOCATE CASES (LAW REPORTS) WITH DIGESTS

PART 1. WHAT IS MY JURISDICTION?

Ask yourself: The case I am seeking was handed down by a court in what jurisdiction? A state court? A federalcourt? A special court such as the military or bankruptcy courts? Or, possibly you don't know.

STATE COURT: Use digest for that state; e.g., the Indiana Digest. Or, to search a group of states by region,use the Regional Digests (Atlantic, Northwestern, Pacific, or Southeastern. There are no digests for the

Northeastern, Southern, or Southwestern regions.)

U.S. SUPREME COURT: Use either the U.S. Supreme Court Digest (West Pub. Co.) or the Digest of UnitedStates Supreme Court Reports (Lawyers' Coop. Pub. Co.).

FEDERAL COURT REPORTS (including the U.S. Supreme Court): Use the federal digest that covers the

date of your case (if known).

Federal Digest, all federal cases through 1938.

Modern Federal Practice Digest, 1939-1960.

West's Federal Practice Digest, 2d, 1961-Nov. 1975.

West's Federal Practice Digest, 3d, Dec. 1975 to point where coverage begins in West'sFederal Practice Digest, 4th.

West's Federal Practice Digest, 4th, Dec. 1975 to date.

SPECIAL DIGESTS: There are special digests for certain areas. The following is a partial listing. Our librarymay not have all of these sets.

West's Bankruptcy Digest

West's Military Justice Digest

U.S. Claims Court Digest (formerly U.S. Court of Claims Digest)

West's Education Law Digest

U.S. Merit System Protection Board Digest

West's Federal Case News (a current awareness service)

SEARCHING ALL FIFTY STATES AND FEDERAL CASES; OR SEARCHING FOR A CASE WHENYOU DO NOT KNOW THE JURISDICTION: Use the American Digest System; i.e., Century Digest, 1658-1896; First Decennial Digest and following, 1897 onwards; and General Digest for very latest cases. All these

sets are shelved together in the library. Because researchers usually seek the most recent cases, you mightproceed in reverse chronological order through these multiple sets of digests.

PART 2. HOW TO GET INTO THE DIGESTS

Now, ask yourself, must I search by subject (e.g.,ABORTIONorEMINENT DOMAIN), or by name of case(e.g., Hanratty v. Imperial Bedding Co.), or by popular name (The "Sick Chicken" case). Possibly, thedefinition of a particular word or phrase is germane to my research.

TO SEARCH BY SUBJECT OR TOPIC: Go to the Descriptive Word Index (DWI) volume(s), usually at


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LANCE CPL. DANIEL SMITH, CONVICTED OF rape by Judge Benjamin Pozon,is being pulled in opposite directions.

The US Embassy, for which our secretary of justice is now lawyering, wants himin the custody of the US government. Their argument is this: Since the case isstill on appeal, the judicial proceedings have not yet been terminated, and by the

terms of the Visiting Forces Agreement, he should be under US custody.

Judge Pozon, for his part, holds that the judicial proceedings referred to by theVFA ended with the judgment of conviction, after which the place of detentionshould be a matter for agreement between the US and RP governments.

Ambassador Kristie Kenney, it seems, agrees; she signed an agreement to thateffect. Judge Pozon, however, contends that Justice Secretary Raul Gonzalezwas the wrong person to enter into such an agreement.

Who is right? Let me share with you my two bits on the matter.

It is always good to begin with the text of the law itself which, in this case, is thetreaty. Incidentally, I disagree with those who say that the VFA is not a treatybecause it was not concurred in by the US Senate. Our Constitution only requiresthat, for purposes of foreign military presence in the Philippines, the agreementmust be recognized as a treaty by the other contracting party. The USgovernment recognizes the VFA as a treaty. It is not for the Philippines to saywhat the American authorities should recognize as a treaty.

The answer to the controversy, therefore, must be sought in Sec. 6 and Sec. 10of Article V of the VFA.

Sec. 6 says: United States military authorities shall, upon formal notification bythe Philippine authorities and without delay, make such personnel available tothose authorities in time for any investigative or judicial proceedings relating tothe offense with which the person has been charged. In extraordinary cases, thePhilippine Government shall present its position to the United States Governmentregarding custody, which the United States Government shall take into fullaccount. In the event Philippine judicial proceedings are not completed withinone year, the United States shall be relieved of any obligations under this


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paragraph. The one-year period will not include the time necessary to appeal.Also, the one-year period will not include any time during which scheduled trialprocedures are delayed because United States authorities, after timelynotification by Philippine authorities to arrange for the presence of the accused,fail to do so.

Under this section, initial custody must belong to the United States, unless inextraordinary circumstances, the Philippines should ask for custody. ThePhilippines did not ask for custody during trial; hence Smith stayed in the USEmbassy.

But when does US custody last? Sec. 6 also says that if the Philippine judicialproceedings are not completed within one year the United States shall berelieved of the responsibility to make the accused available for investigative or

judicial proceedings. The contention of the US government is that judicialproceedings include the period of appeal and, since the case is on appeal, the

proceedings are not yet terminated. Therefore, Smith should still be enjoying thecomforts of the US Embassy. Moreover, if the appeal is not terminated within theprescribed one-year period, the United States is relieved of the obligation toproduce Smith.

Note that the one-year period endedif I am not mistakenyesterday, Dec. 17.If Smith is returned to US custody, will the United States be free to ship Smith toOkinawa? Is this what the Filipinos who negotiated the treaty and the Senate,which concurred in the treaty, meant? But Sec. 6 itself says that the one-yearperiod shall not include the time necessary to appeal; neither will it include delayin trial procedures attributable to the United States.

When you put together all the above specifications, the implication is that theone-year period, after which the Philippines loses the right to hold custody ofthe accused, applies only during the trial period. I am sure that those whonegotiated the treaty knew that while trials can be speeded up, appeals can takeforever. The appeal is now with the Court of Appeals and may eventually go tothe Supreme Court.

It is for this reason that Judge Pozon holds that the applicability of Sec. 6 endedwith the conviction and sentencing and that the applicable provision now is Sec.10. And what does Section 10 say? The confinement or detention by Philippine

authorities of United States personnel shall be carried out in facilities agreed onby appropriate Philippine and United States authorities. United States personnelserving sentences in the Philippines shall have the right to visits and materialassistance.

There are two sentences here. The first sentence is about the agreed place ofdetention. The second sentence tells us what this detention is, that is, detention


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while serving sentence. Smith has started serving sentence. Hence, thePhilippines and the United States have to agree where he should be detained.

Judge Pozon agrees that the place of detention should be a subject ofagreement. But he questions the authority of the secretary of justice to enter into

this agreement which partakes of the nature of an executive agreement. Thejudge must be thinking of the list of those who, under the Vienna Convention onTreaties, have the power to represent a State in agreements. Article 7 of theVienna Convention on Treaties does not include the secretary of justice amongthose who have ex officio authority to enter into agreements.

This is crucial because a waiver of custody can mean a waiver of sovereignty

THE TREATY OF PARIS

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This web page contains the full text ofTHE TREATY OF PEACE BETWEEN THE UNITED STATES OF AMERICA AND SPAIN

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THE CHAN ROBLES VIRTUAL LAW LIBRARY - QUICK GLANCE

Philippines| Worldwide|The Business Page

TREATY OF PEACE

Between the

UNITED STATES OF AMERICA

and

SPAIN

[December 10, 1898]

The United States of America and Her Majesty, the Queen

Regent of Spain, in the name of her august son, Don Alfonso

XIII, desiring to end the state of war now existing between

the two countries, have for that purpose appointed as

plenipotentiaries:The President of the United States, William R. Day,

Cushman K. Davis, William P. Frye, George Gray, and

Whitelaw Reid, citizens of the United States;

And Her Majesty the Queen Regent of Spain,

Don Eugenio Montero Rios, president of the senate, Don

Buenaventura de Abarzuza, senator of the Kingdom and

ex-minister of the Crown; Don Jose de Garnica, deputy

of the Cortes and associate justice of the supreme

court; Don Wenceslao Ramirez de Villa-Urrutia, envoy

extraordinary and minister plenipotentiary at

Brussels, and Don Rafael Cerero, general of division;

Who, having assembled in Paris, and having exchanged their

full powers, which were found to be in due and proper form,

have, after discussion of the matters before them, agreedupon the following articles:

Article I

Spain relinquishes all claim of sovereignty over and title

to Cuba, and as the island is, upon its evacuation by

Spain, to be occupied by the United States, the United
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States will, so long as such occupation shall last, assume

and discharge the obligations that may under international

law result from the fact of its occupation, for the

protection of life and property.

Article II

Spain cedes to the United States the island of Porto Rico

and other islands now under Spanish sovereignty in the West

Indies, and the island of Guam in the Marianas or Ladrones.

Article III

Spain cedes to the United States the archipelago known as

the Philippine Islands, and comprehending the islands lying

within the following line:A line running from west to east along or near the

twentieth parallel of north latitude, and through the

middle of the navigable channel of Bachi, from the one

hundred and eighteenth (118th) to the one hundred and

twenty-seventh (127th) degree meridian of longitude

east of Greenwich, thence along the one hundred and

twenty seventh (127th) degree meridian of longitude

east of Greenwich to the parallel of four degrees and

forty five minutes (4 [degree symbol] 45']) north

latitude, thence along the parallel of four degrees

and forty five minutes (4 [degree symbol] 45') north

latitude to its intersection with the meridian oflongitude one hundred and nineteen degrees and thirty

five minutes (119 [degree symbol] 35') east of

Greenwich, thence along the meridian of longitude one

hundred and nineteen degrees and thirty five minutes

(119 [degree symbol] 35') east of Greenwich to the

parallel of latitude seven degrees and forty minutes

(7 [degree symbol] 40') north, thence along the

parallel of latitude of seven degrees and forty

minutes (7 [degree symbol] 40') north to its

intersection with the one hundred and sixteenth

(116th) degree meridian of longitude east ofGreenwich, thence by a direct line to the intersection

of the tenth (10th) degree parallel of north latitude

with the one hundred and eighteenth (118th) degree

meridian of longitude east of Greenwich, and thence

along the one hundred and eighteenth (118th) degree

meridian of longitude east of Greenwich to the point

of beginning. The United States will pay to Spain the


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sum of twenty million dollars ($20,000,000) within

three months after the exchange of the ratifications

of the present treaty.

Article IV

The United States will, for the term of ten years from the

date of the exchange of the ratifications of the present

treaty, admit Spanish ships and merchandise to the ports of

the Philippine Islands on the same terms as ships and

merchandise of the United States.

Article V

The United States will, upon the signature of the present

treaty, send back to Spain, at its own cost, the Spanish

soldiers taken as prisoners of war on the capture of Manila

by the American forces. The arms of the soldiers in

question shall be restored to them.

Spain will, upon the exchange of the ratifications of the

present treaty, proceed to evacuate the Philippines, as

well as the island of Guam, on terms similar to those

agreed upon by the Commissioners appointed to arrange for

the evacuation of Porto Rico and other islands in the West

Indies, under the Protocol of August 12, 1898, which is to

continue in force till its provisions are completely

executed.

The time within which the evacuation of the Philippine

Islands and Guam shall be completed shall be fixed by the

two Governments. Stands of colors, uncaptured war vessels,

small arms, guns of all calibres, with their carriages and

accessories, powder, ammunition, livestock, and materials

and supplies of all kinds, belonging to the land and naval

forces of Spain in the Philippines and Guam, remain the

property of Spain. Pieces of heavy ordnance, exclusive of

field artillery, in the fortifications and coast defences,

shall remain in their emplacements for the term of six

months, to be reckoned from the exchange of ratificationsof the treaty; and the United States may, in the meantime,

purchase such material from Spain, if a satisfactory

agreement between the two Governments on the subject shall

be reached.

Article VI


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Spain will, upon the signature of the present treaty,

release all prisoners of war, and all persons detained or

imprisoned for political offences, in connection with the

insurrections in Cuba and the Philippines and the war with

the United States.

Reciprocally, the United States will release all persons

made prisoners of war by the American forces, and will

undertake to obtain the release of all Spanish prisoners in

the hands of the insurgents in Cuba and the Philippines.

The Government of the United States will at its own cost

return to Spain and the Government of Spain will at its own

cost return to the United States, Cuba, Porto Rico, and the

Philippines, according to the situation of their respective

homes, prisoners released or caused to be released by them,

respectively, under this article.

Article VII

The United States and Spain mutually relinquish all claims

for indemnity, national and individual, of every kind, of

either Government, or of its citizens or subjects, against

the other Government, that may have arisen since the

beginning of the late insurrection in Cuba and prior to the

exchange of ratifications of the present treaty, including

all claims for indemnity for the cost of the war.

The United States will adjudicate and settle the claims ofits citizens against Spain relinquished in this article.

Article VIII

In conformity with the provisions of Articles I, II, and

III of this treaty, Spain relinquishes in Cuba, and cedes

in Porto Rico and other islands in the West Indies, in the

island of Guam, and in the Philippine Archipelago, all the

buildings, wharves, barracks, forts, structures, public

highways and other immovable property which, in conformity

with law, belong to the public domain, and as such belongto the Crown of Spain.

And it is hereby declared that the relinquishment or

cession, as the case may be, to which the preceding

paragraph refers, can not in any respect impair the

property or rights which by law belong to the peaceful

possession of property of all kinds, of provinces,


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municipalities, public or private establishments,

ecclesiastical or civic bodies, or any other associations

having legal capacity to acquire and possess property in

the aforesaid territories renounced or ceded, or of private

individuals, of whatsoever nationality such individuals may

be.

The aforesaid relinquishment or cession, as the case may

be, includes all documents exclusively referring to the

sovereignty relinquished or ceded that may exist in the

archives of the Peninsula. Where any document in such

archives only in part relates to said sovereignty, a copy

of such part will be furnished whenever it shall be

requested. Like rules shall be reciprocally observed in

favor of Spain in respect of documents in the archives of

the islands above referred to.

In the aforesaid relinquishment or cession, as the case may

be, are also included such rights as the Crown of Spain and

its authorities possess in respect of the official archives

and records, executive as well as judicial, in the islands

above referred to, which relate to said islands or the

rights and property of their inhabitants. Such archives and

records shall be carefully preserved, and private persons

shall without distinction have the right to require, in

accordance with law, authenticated copies of the contracts,

wills and other instruments forming part of notarial

protocols or files, or which may be contained in the

executive or judicial archives, be the latter in Spain orin the islands aforesaid.

Article IX

Spanish subjects, natives of the Peninsula, residing in the

territory over which Spain by the present treaty

relinquishes or cedes her sovereignty, may remain in such

territory or may remove therefrom, retaining in either

event all their rights of property, including the right to

sell or dispose of such property or of its proceeds; andthey shall also have the right to carry on their industry,

commerce and professions, being subject in respect thereof

to such laws as are applicable to other foreigners. In case

they remain in the territory they may preserve their

allegiance to the Crown of Spain by making, before a court

of record, within a year from the date of the exchange of

ratifications of this treaty, a declaration of their


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decision to preserve such allegiance; in default of which

declaration they shall be held to have renounced it and to

have adopted the nationality of the territory in which they

may reside.

The civil rights and political status of the native

inhabitants of the territories hereby ceded to the United

States shall be determined by the Congress.

Article X

The inhabitants of the territories over which Spain

relinquishes or cedes her sovereignty shall be secured in

the free exercise of their religion.

Article XI

The Spaniards residing in the territories over which Spain

by this treaty cedes or relinquishes her sovereignty shall

be subject in matters civil as well as criminal to the

jurisdiction of the courts of the country wherein they

reside, pursuant to the ordinary laws governing the same;

and they shall have the right to appear before such courts,

and to pursue the same course as citizens of the country to

which the courts belong.

Article XII

Judicial proceedings pending at the time of the exchange ofratifications of this treaty in the territories over which

Spain relinquishes or cedes her sovereignty shall be

determined according to the following rules:1. Judgments rendered either in civil suits between

private individuals, or in criminal matters, before

the date mentioned, and with respect to which there is

no recourse or right of review under the Spanish law,

shall be deemed to be final, and shall be executed in

due form by competent authority in the territory

within which such judgments should be carried out.

2. Civil suits between private individuals which may

on the date mentioned be undetermined shall be

prosecuted to judgment before the court in which they

may then be pending or in the court that may be

substituted therefor.


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3. Criminal actions pending on the date mentioned

before the Supreme Court of Spain against citizens of

the territory which by this treaty ceases to be

Spanish shall continue under its jurisdiction until

final judgment; but, such judgment having been

rendered, the execution thereof shall be committed to

the competent authority of the place in which the case

arose.

Article XIII

The rights of property secured by copyrights and patents

acquired by Spaniards in the Island of Cuba and in Porto

Rico, the Philippines and other ceded territories, at the

time of the exchange of the ratifications of this treaty,

shall continue to be respected. Spanish scientific,

literary and artistic works, not subversive of public order

in the territories in question, shall continue to be

admitted free of duty into such territories, for the period

of ten years, to be reckoned from the date of the exchange

of the ratifications of this treaty.

Article XIV

Spain will have the power to establish consular officers in

the ports and places of the territories, the sovereignty

over which has been either relinquished or ceded by the

present treaty.

Article XV

The Government of each country will, for the term of ten

years, accord to the merchant vessels of the other country

the same treatment in respect of all port charges,

including entrance and clearance dues, light dues, and

tonnage duties, as it accords to its own merchant vessels,

not engaged in the coastwise trade.

Article XVI

It is understood that any obligations assumed in this

treaty by the United States with respect to Cuba are

limited to the time of its occupancy thereof; but it will

upon termination of such occupancy, advise any Government

established in the island to assume the same obligations.

Article XVII


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The present treaty shall be ratified by the President of

the United States, by and with the advice and consent of

the Senate thereof, and by Her Majesty the Queen Regent of

Spain; and the ratifications shall be exchanged at

Washington within six months from the date hereof, or

earlier if possible. In faith whereof, we, the respective

Plenipotentiaries, have signed this treaty and have

hereunto affixed our seals. Done in duplicate at Paris, the

tenth day of December, in the year of Our Lord one thousand

eight hundred and ninety-eight.

[Seal] William R. Day

[Seal] Cushman K. Davis

[Seal] William P. Frye

[Seal] Geo. Gray

[Seal] Whitelaw Reid

[Seal] Eugenio Montero Rios

[Seal] B. de Abarzuza

[Seal] J. de Garnica

[Seal] W. R. de Villa Urrutia

[Seal] Rafael Cerero

.



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Since 19.07.98

.

THE TREATY OF PARIS

FULL TEXT


Search www.chanrobles.com

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This web page contains the full text ofTHE TREATY OF PEACE BETWEEN THE UNITED STATES OF AMERICA AND SPAIN

(Ceding the Philippines to the United States of America)



TREATY OF PEACE

Between the
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UNITED STATES OF AMERICA

and

SPAIN

[December 10, 1898]

The United States of America and Her Majesty, the Queen

Regent of Spain, in the name of her august son, Don Alfonso

XIII, desiring to end the state of war now existing between

the two countries, have for that purpose appointed as

plenipotentiaries:The President of the United States, William R. Day,

Cushman K. Davis, William P. Frye, George Gray, and

Whitelaw Reid, citizens of the United States;

And Her Majesty the Queen Regent of Spain,

Don Eugenio Montero Rios, president of the senate, Don

Buenaventura de Abarzuza, senator of the Kingdom and

ex-minister of the Crown; Don Jose de Garnica, deputy

of the Cortes and associate justice of the supreme

court; Don Wenceslao Ramirez de Villa-Urrutia, envoy

extraordinary and minister plenipotentiary at

Brussels, and Don Rafael Cerero, general of division;

Who, having assembled in Paris, and having exchanged their

full powers, which were found to be in due and proper form,have, after discussion of the matters before them, agreed

upon the following articles:

Article I

Spain relinquishes all claim of sovereignty over and title

to Cuba, and as the island is, upon its evacuation by

Spain, to be occupied by the United States, the United

States will, so long as such occupation shall last, assume

and discharge the obligations that may under international

law result from the fact of its occupation, for theprotection of life and property.

Article II

Spain cedes to the United States the island of Porto Rico

and other islands now under Spanish sovereignty in the West


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Indies, and the island of Guam in the Marianas or Ladrones.

Article III

Spain cedes to the United States the archipelago known asthe Philippine Islands, and comprehending the islands lying

within the following line:A line running from west to east along or near the

twentieth parallel of north latitude, and through the

middle of the navigable channel of Bachi, from the one

hundred and eighteenth (118th) to the one hundred and

twenty-seventh (127th) degree meridian of longitude

east of Greenwich, thence along the one hundred and

twenty seventh (127th) degree meridian of longitude

east of Greenwich to the parallel of four degrees and

forty five minutes (4 [degree symbol] 45']) north

latitude, thence along the parallel of four degrees

and forty five minutes (4 [degree symbol] 45') north

latitude to its intersection with the meridian of

longitude one hundred and nineteen degrees and thirty

five minutes (119 [degree symbol] 35') east of

Greenwich, thence along the meridian of longitude one

hundred and nineteen degrees and thirty five minutes

(119 [degree symbol] 35') east of Greenwich to the

parallel of latitude seven degrees and forty minutes

(7 [degree symbol] 40') north, thence along the

parallel of latitude of seven degrees and forty

minutes (7 [degree symbol] 40') north to itsintersection with the one hundred and sixteenth

(116th) degree meridian of longitude east of

Greenwich, thence by a direct line to the intersection

of the tenth (10th) degree parallel of north latitude

with the one hundred and eighteenth (118th) degree

meridian of longitude east of Greenwich, and thence

along the one hundred and eighteenth (118th) degree

meridian of longitude east of Greenwich to the point

of beginning. The United States will pay to Spain the

sum of twenty million dollars ($20,000,000) within

three months after the exchange of the ratificationsof the present treaty.

Article IV

The United States will, for the term of ten years from the

date of the exchange of the ratifications of the present

treaty, admit Spanish ships and merchandise to the ports of


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the Philippine Islands on the same terms as ships and

merchandise of the United States.

Article V

The United States will, upon the signature of the presenttreaty, send back to Spain, at its own cost, the Spanish

soldiers taken as prisoners of war on the capture of Manila

by the American forces. The arms of the soldiers in

question shall be restored to them.

Spain will, upon the exchange of the ratifications of the

present treaty, proceed to evacuate the Philippines, as

well as the island of Guam, on terms similar to those

agreed upon by the Commissioners appointed to arrange for

the evacuation of Porto Rico and other islands in the West

Indies, under the Protocol of August 12, 1898, which is to

continue in force till its provisions are completely

executed.

The time within which the evacuation of the Philippine

Islands and Guam shall be completed shall be fixed by the

two Governments. Stands of colors, uncaptured war vessels,

small arms, guns of all calibres, with their carriages and

accessories, powder, ammunition, livestock, and materials

and supplies of all kinds, belonging to the land and naval

forces of Spain in the Philippines and Guam, remain the

property of Spain. Pieces of heavy ordnance, exclusive of

field artillery, in the fortifications and coast defences,shall remain in their emplacements for the term of six

months, to be reckoned from the exchange of ratifications

of the treaty; and the United States may, in the meantime,

purchase such material from Spain, if a satisfactory

agreement between the two Governments on the subject shall

be reached.

Article VI

Spain will, upon the signature of the present treaty,release all prisoners of war, and all persons detained or

imprisoned for political offences, in connection with the

insurrections in Cuba and the Philippines and the war with

the United States.

Reciprocally, the United States will release all persons

made prisoners of war by the American forces, and will


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undertake to obtain the release of all Spanish prisoners in

the hands of the insurgents in Cuba and the Philippines.

The Government of the United States will at its own cost

return to Spain and the Government of Spain will at its own

cost return to the United States, Cuba, Porto Rico, and the

Philippines, according to the situation of their respective

homes, prisoners released or caused to be released by them,

respectively, under this article.

Article VII

The United States and Spain mutually relinquish all claims

for indemnity, national and individual, of every kind, of

either Government, or of its citizens or subjects, against

the other Government, that may have arisen since the

beginning of the late insurrection in Cuba and prior to the

exchange of ratifications of the present treaty, including

all claims for indemnity for the cost of the war.

The United States will adjudicate and settle the claims of

its citizens against Spain relinquished in this article.

Article VIII

In conformity with the provisions of Articles I, II, and

III of this treaty, Spain relinquishes in Cuba, and cedes

in Porto Rico and other islands in the West Indies, in the

island of Guam, and in the Philippine Archipelago, all thebuildings, wharves, barracks, forts, structures, public

highways and other immovable property which, in conformity

with law, belong to the public domain, and as such belong

to the Crown of Spain.

And it is hereby declared that the relinquishment or

cession, as the case may be, to which the preceding

paragraph refers, can not in any respect impair the

property or rights which by law belong to the peaceful

possession of property of all kinds, of provinces,

municipalities, public or private establishments,ecclesiastical or civic bodies, or any other associations

having legal capacity to acquire and possess property in

the aforesaid territories renounced or ceded, or of private

individuals, of whatsoever nationality such individuals may

be.


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The aforesaid relinquishment or cession, as the case may

be, includes all documents exclusively referring to the

sovereignty relinquished or ceded that may exist in the

archives of the Peninsula. Where any document in such

archives only in part relates to said sovereignty, a copy

of such part will be furnished whenever it shall be

requested. Like rules shall be reciprocally observed in

favor of Spain in respect of documents in the archives of

the islands above referred to.

In the aforesaid relinquishment or cession, as the case may

be, are also included such rights as the Crown of Spain and

its authorities possess in respect of the official archives

and records, executive as well as judicial, in the islands

above referred to, which relate to said islands or the

rights and property of their inhabitants. Such archives and

records shall be carefully preserved, and private persons

shall without distinction have the right to require, in

accordance with law, authenticated copies of the contracts,

wills and other instruments forming part of notarial

protocols or files, or which may be contained in the

executive or judicial archives, be the latter in Spain or

in the islands aforesaid.

Article IX

Spanish subjects, natives of the Peninsula, residing in the

territory over which Spain by the present treatyrelinquishes or cedes her sovereignty, may remain in such

territory or may remove therefrom, retaining in either

event all their rights of property, including the right to

sell or dispose of such property or of its proceeds; and

they shall also have the right to carry on their industry,

commerce and professions, being subject in respect thereof

to such laws as are applicable to other foreigners. In case

they remain in the territory they may preserve their

allegiance to the Crown of Spain by making, before a court

of record, within a year from the date of the exchange of

ratifications of this treaty, a declaration of theirdecision to preserve such allegiance; in default of which

declaration they shall be held to have renounced it and to

have adopted the nationality of the territory in which they

may reside.


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The civil rights and political status of the native

inhabitants of the territories hereby ceded to the United

States shall be determined by the Congress.

Article X

The inhabitants of the territories over which Spain

relinquishes or cedes her sovereignty shall be secured in

the free exercise of their religion.

Article XI

The Spaniards residing in the territories over which Spain

by this treaty cedes or relinquishes her sovereignty shall

be subject in matters civil as well as criminal to the

jurisdiction of the courts of the country wherein they

reside, pursuant to the ordinary laws governing the same;

and they shall have the right to appear before such courts,

and to pursue the same course as citizens of the country to

which the courts belong.

Article XII

Judicial proceedings pending at the time of the exchange of

ratifications of this treaty in the territories over which

Spain relinquishes or cedes her sovereignty shall be

determined according to the following rules:1. Judgments rendered either in civil suits between

private individuals, or in criminal matters, beforethe date mentioned, and with respect to which there is

no recourse or right of review under the Spanish law,

shall be deemed to be final, and shall be executed in

due form by competent authority in the territory

within which such judgments should be carried out.

2. Civil suits between private individuals which may

on the date mentioned be undetermined shall be

prosecuted to judgment before the court in which they

may then be pending or in the court that may be

substituted therefor.

3. Criminal actions pending on the date mentioned

before the Supreme Court of Spain against citizens of

the territory which by this treaty ceases to be

Spanish shall continue under its jurisdiction until

final judgment; but, such judgment having been

rendered, the execution thereof shall be committed to


28/40

the competent authority of the place in which the case

arose.

Article XIII

The rights of property secured by copyrights and patentsacquired by Spaniards in the Island of Cuba and in Porto

Rico, the Philippines and other ceded territories, at the

time of the exchange of the ratifications of this treaty,

shall continue to be respected. Spanish scientific,

literary and artistic works, not subversive of public order

in the territories in question, shall continue to be

admitted free of duty into such territories, for the period

of ten years, to be reckoned from the date of the exchange

of the ratifications of this treaty.

Article XIV

Spain will have the power to establish consular officers in

the ports and places of the territories, the sovereignty

over which has been either relinquished or ceded by the

present treaty.

Article XV

The Government of each country will, for the term of ten

years, accord to the merchant vessels of the other country

the same treatment in respect of all port charges,

including entrance and clearance dues, light dues, andtonnage duties, as it accords to its own merchant vessels,

not engaged in the coastwise trade.

Article XVI

It is understood that any obligations assumed in this

treaty by the United States with respect to Cuba are

limited to the time of its occupancy thereof; but it will

upon termination of such occupancy, advise any Government

established in the island to assume the same obligations.

Article XVII

The present treaty shall be ratified by the President of

the United States, by and with the advice and consent of

the Senate thereof, and by Her Majesty the Queen Regent of

Spain; and the ratifications shall be exchanged at

Washington within six months from the date hereof, or


29/40

earlier if possible. In faith whereof, we, the respective

Plenipotentiaries, have signed this treaty and have

hereunto affixed our seals. Done in duplicate at Paris, the

tenth day of December, in the year of Our Lord one thousand

eight hundred and ninety-eight.

[Seal] William R. Day

[Seal] Cushman K. Davis

[Seal] William P. Frye

[Seal] Geo. Gray

[Seal] Whitelaw Reid

[Seal] Eugenio Montero Rios

[Seal] B. de Abarzuza

[Seal] J. de Garnica

[Seal] W. R. de Villa Urrutia

[Seal] Rafael Cerero

.



Back to Top - Back to Main Index - Back to Home

Copyright1998-2006 by

ChanRobles Publishing CompanyAll Rights Reserved

A production ofThe ChanRoblesGroup

Questions and comments mailto:

[email protected] or

[email protected]



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resolution with Netscape]

Since 19.07.98
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30/40

.

PHILIPPINE TREATIES

FULL TEXT


EXTRADITION TREATY BETWEEN THE REPUBLIC OF THE PHILIPPINES

AND THE REPUBLIC OF INDONESIA

THE REPUBLIC OF THE PHILIPPINES AND THE REPUBLIC OF INDONESIA:

Desiring to make more effective the cooperation of the two countries inthe repression of crime and, specifically, to regulate and therebypromote the relations between them in matters of extradition.chan roblesvirtual law library

HAVE AGREED AS FOLLOWS:

ARTICLE IObligation to Extradite

Each Contracting Party agrees to extradite to the other, in thecircumstances and subject to the conditions described in this Treaty,persons found in its territory who are being proceeded against or whohave been charged with, found guilty or convicted of, any crimecovered by Article II of this Treaty committed within the territory of theother, or outside thereof under the conditions specified in ArticleIV.chan robles virtual law library

ARTICLE II

Extraditable CrimesA. Persons shall be delivered up according to provisions of this Treatywho are being proceeded against or have been charged with, foundguilty or convicted of, any of the following crimes provided that these
http://www.chanrobles.com/legal8.htmhttp://www.chanrobles.com/legal8.htm


31/40

crimes are punishable by the laws of both Contracting Parties by apossible penalty of death or deprivation of liberty for a periodexceeding one year:1. Murder; parricide; infanticide; and homicidechan robles virtual law library

2. Rape, indecent assault; unlawful sexual acts with or upon minorsunder the age specified by the penal law of both Contractingpartieschan robles virtual law library

3. Abduction; kidnappingchan robles virtual law library

4. Mutilation; physical injuries; frustrated murder or frustratedhomicide

5. Illegal or arbitrary detentionchan robles virtual law library

6. Slavery; servitudechan robles virtual law library

7. Robbery; theftchan robles virtual law library

8. Estafa; malversation; swindling; fraud; cheatingchan robles virtual lawlibrary

9. Extortion; threats; coercionchan robles virtual law library

10. Bribery; corruption, graftchan robles virtual law library

11. Falsification; perjurychan robles virtual law library

12. Forgery; counterfeitingchan robles virtual law library

13. Smugglingchan robles virtual law library

14. Arson; destruction of propertychan robles virtual law library

15. Hijacking; piracy; mutinychan robles virtual law library

16. Crimes against the laws relating to narcotics, dangerous or

prohibited drugs or prohibited chemicalschan robles virtual law library

17. Crimes against the laws relating to firearms, explosives, orincendiary devices

B. Extradition shall also be granted for participation in any of thecrimes mentioned in this Article, not only as principals or accomplices,but also as accessories, as well as for attempt to commit or conspiracy


32/40

to commit any of the aforementioned crimes, when such participation,attempt or conspiracy is punishable under the laws of both ContractingParties by deprivation of liberty exceeding one year.chan robles virtual lawlibrary

C. Extradition may also be granted at the discretion of the requestedParty in respect of any other crimes for which it can be grantedaccording to the laws of both Contracting Parties.chan robles virtual lawlibrary

D. If extradition is requested for any crime encompassed byparagraphs A, B or C of this Article and that crime is punishable underthe laws of both Contracting Parties by a deprivation of libertyexceeding one year, such crime shall be extraditable under theprovisions of this Treaty whether or not the laws of both ContractingParties would place that crime within the same category of crimes or

denominate the crime by the same terminology, provided the elementsof the crime correspond to those of one or more of the crimesmentioned in this Article under the laws of both ContractingParties.chan robles virtual law library

ARTICLE IIIPlace of Commission

The requested Party may refuse to extradite a person claimed for acrime which is regarded by its laws as having been committed in whole

or in part in its territory or in a place treated as its territory.chan roblesvirtual law library

ARTICLE IVTerritorial Application

A. A reference in this Treaty to the territory of a Contracting Party of areference to all the territory under the jurisdiction of that contractingparty, including its airspace, territorial waters and continental shelf,and to vessels and aircraft registered in that Contracting party if anysuch aircraft is in flight or if any such vessel is on the high cease when

the crime is committed. For purposes of this Treaty, an aircraft shall beconsidered to be in flight at any time from the moment when all itsexternal doors are closed following embarkation until the momentwhen any such door is opened for the disembarkation. chan robles virtuallaw library

When the crime for which extradition had been requested has beencommitted outside the territory of the requesting State, the Executive


33/40

Authority of the requested State shall have the power to grantextradition if the laws of the requested State would provide for thepunishment of crime committed in analogous circumstances.

C. The determination of the territory of the requested Party shall be

governed by its national laws.

ARTICLE VPolitical Crimes

A. Extradition shall not be granted if the crime in respect of which it isrequested is regarded by the requested Party as a political crime.chanrobles virtual law library

B. If any question arises as to whether a case is a political crime, thedecision of the authorities of the requested State shall be

determinative.chan robles virtual law library

C. The taking or attempted taking of the life of the Head of State orHead of Government of either of the Contracting Parties or of amember of his family shall not be deemed to be a political crime forthe purpose of this Treaty.chan robles virtual law library

ARTICLE VIExtradition to Nationals

A. Each party shall have the right to refuse extradition ofnationals.chan robles virtual law library

B. If the requested Party does not extradite its nationals, that Partyshall at the request of the requesting Party submit the case to thecompetent authorities of the former for prosecution. For this purposethe files, information and exhibits relating to the crime shall besurrendered by the requesting party to the requested party.

C. Notwithstanding paragraph B of this Article, the requested partyshall not be required to submit the case to its competent authorities

for prosecution of the authorities have no jurisdiction.chan robles virtuallaw library

ARTICLE VIIExceptions to Obligation to Extradite

Extradition shall not be granted in any of the following circumstances:


34/40

1. When the person whose surrender is sought has been tried andacquitted or has undergone his punishment in a third State for thecrime for which his extradition is requested.chan robles virtual law library

2. when the prosecution or the enforcement of the penalty for the

crime has become barred by prescription or lapse of time of either ofthe Contracting Parties.chan robles virtual law library

3. When the crime constitutes an infraction against military law orregulations which is not a crime under ordinary criminal law. chan roblesvirtual law library

ARTICLE VIIIDouble Jeopardy

Extradition shall not also be granted in any of the following:

A. when final judgment has been passed by the competent authoritiesof the requested Party upon the person claimed in respect of the crimeor crimes for which extradition is requested.chan robles virtual law library

B. When the person whose surrender is sought is being or has beenproceeded against or has been tried and discharged or punished bythe requested State for the crime for which his extradition isrequested.

ARTICLE IXRule of Speciality

A person has been extradited shall not be prosecuted, sentenced ordetained for any crime committed prior to his surrender other than forwhich he was extradited except in the following cases:(a) When the requested Party which surrendered him consents. Arequest for consent shall be submitted to the requested Party,accompanied by the documents mentioned in Article XVII. Consentshall be given when the crime for which it is requested is itself subject

to extradition in accordance with the provisions of Article II of thisTreaty; andchan robles virtual law library

(b) When the person, having had an opportunity to leave the territoryof the Party to which he has been surrendered, has not done so within45 days of his final discharged, or has returned to that territory afterleaving it.chan robles virtual law library


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ARTICLE XCapital Punishment

If the crime for which extradition is requested is punishable by deathunder the law of the requesting Party; and if in respect of such crime

the death penalty is not provided for by the law of the requested partyor is not normally carried out, extradition may be refused unless therequesting Party gives such assurance as the requested Partyconsiders sufficient that the death penalty will not be carried out.chanrobles virtual law library

ARTICLE XI

Provisional Arrest(1) In case of urgency the competent authorities of the requesting

Party may request the provisional arrest of the person sought. thecompetent authorities of the requested Party shall decide the matter inaccordance with its law.

(2) the request for provisional arrest shall state that the documentsmentioned in Article XVII exist and that it is intended to send a requestfor extradition. It shall also state for what crime extradition will berequested and when and where such crime was committed and shallso far as possible give a description of the person sought.

(3) A request for provisional arrest shall be sent in Indonesia, to the

National Central Bureau (N.C.B.) Indonesia Interpol, and in thePhilippines to the National Bureau of Investigation, either through thediplomatic channels or direct by post or telegraph or through theInternational Criminal police Organization (INTERPOL).chan robles virtuallaw library

(4) The requesting authority shall be informed without delay of theresult of its request.chan robles virtual law library

(5) Provisional arrest may be terminated if, within a period of 20 daysafter arrest, the requested Party has not received the request for

extradition and the documents mentioned in Article XVII.chan robles virtuallaw library

(6) Release from provisional arrest shall not prejudice rearrest andextradition if a request for extradition is received subsequently.


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ARTICLE XIISurrender of the person to be Extradited

(1) The requested Party shall inform the requesting Party through thediplomatic channels of its decision with regard to the request for

extradition

(2) Reasons shall be given for any rejection.

(3) If the request is agreed to, the requesting Party shall be informedof the place and date of surrender and of the length of time for whichthe person claimed was detailed with a view to surrender. chan roblesvirtual law library

(4) Subject to the provisions of paragraph (5) of this Article, if theperson claimed has not been taken over on the appointed date, he

may be released after the expiry of 15 days and shall in any case bereleased after the expiry of 30 days and the requested Party mayrefuse to extradite him for the same offense.chan robles virtual law library

(5) If circumstances beyond its control prevent a Party fromsurrendering or taking over the person to be extradited, it shall notifythe other party. The two Parties shall agree on a new date forsurrender and the provisions of paragraph (4) of this Article shallapply.chan robles virtual law library

ARTICLE XIIIPostponed Surrender

The requested Party may, after making its decision on the request forextradition, postpone the surrender of the person claimed in order thathe may be proceeded against by that Party or, if he has already beenconvicted, in order that he may serve his sentence in the territory ofthat Party for a crime other than that for which extradition isrequested.

ARTICLE XIVHanding Over of Property

(1) the requested Party shall, insofar as its law permits and at therequest of the requesting Party, seize and hand over property:chan roblesvirtual law library(a) which may be required as evidence, orchan robles virtual law library


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(b) which has been acquired as a result of the crime and which, at thetime of the arrest, is found in the possession of the person claimed ordiscovered subsequently.chan robles virtual law library

(2) the property mentioned in paragraph (1) of this Article shall be

handed over even if extradition, having been agreed to, cannot becarried out owing to the death or escape of the person claimed.

(3) When the said property is liable to seizure or confiscation in theterritory of the requested Party, the latter may, in connection withpending criminal proceedings, temporarily retain it or hand it over oncondition that it be returned.

(4) Any right which the requested Party or any other State may haveacquired in the said property shall be preserved. where these rightsexists, the property shall be returned without charge to the requested

Party as soon as possible after the trial.

ARTICLE XVProcedure

The procedure with regard to extradition and provisional arrest of theperson requested to be extradited shall be governed solely by the lawof the requested Party.chan robles virtual law library

ARTICLE XVIExpenses

Expenses incurred in the territory of the requested Party by reason ofextradition shall be borne by that Party.

ARTICLE XVII

Request and Supporting Documents(1) A request for extradition shall be in writing and sent in Indonesia to

the Minister of Justice, and in the Philippines to the Secretary of Justice,through the diplomatic channels.chan robles virtual law library

(2) the request shall be supported by:chan robles virtual law library

(a) the original or an authenticated copy of the conviction andsentence immediately enforceable or the warrant of arrest or otherorder having the same effect and issued in accordance with the


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procedure laid down in the law of the requesting Party. chan robles virtuallaw library

(b) a statement of the crime for which extradition is requested. Thetime and place of its commission, its legal description and a reference

to the relevant legal provisions shall be set out as accurately aspossible; and

(c) a copy of the relevant enactment or, where this is not possible, astatement of the relevant law, and as accurate a description aspossible of the person claimed, together with any other informationwhich will help to establish his identity and nationality.chan robles virtuallaw library

(3) The documents to be used in extradition proceedings shall bedrawn up in the English language.

ARTICLE XVIII

Multiple RequestsA contracting Party which receives two or more requests for theextradition of the same person for the same crime, or for differentcrimes, shall determine to which of the requesting States it shallextradite the person sought, taking into consideration thecircumstances and particularly the possibility of a later extraditionbetween the requesting states, the seriousness of each crime, in the

place where the crime was committed, the nationality of the personsought, the dates upon which the requests were received and theprovisions of any extradition agreements between that Party and theother requesting State or States.chan robles virtual law library

ARTICLE XIX

Settlement of DisputesAny dispute between the two Parties arising out of the interpretation orimplementation of this Treaty shall be settled peacefully by

consultation or negotiations.chan robles virtual law library

ARTICLE XX

Transitional Provisions


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A crime commenced prior to the date this Treaty enters into force butcompleted after the date this Treaty enters into force shall beextradited pursuant to this Treaty.chan robles virtual law library

ARTICLE XXIEntry into ForceThis Treaty shall enter into force on the date of exchange ofInstruments of Ratification.chan robles virtual law library

ARTICLE XXIITermination

This Treaty may be terminated at any time by either Party giving the

other six months' prior notice of its intention to do so. such terminationshall not prejudice any proceedings commenced prior to the giving ofsuch notice.

IN WITNESS WHEREOF, the undersigned, being duly authorized by theirrespective Governments, have signed this Treaty.chan robles virtual lawlibrary



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