KOJC leader Apollo Quiboloy attends the probe called by the Senate committee on women, children, family relations, and gender equality for the continuation of its investigation on allegations of human trafficking and sexual abuse, on October 23, 2024. Mark Demayo, ABS-CBN News/File
MANILA — The Department of Justice said the Philippine government has two options on the possible extradition of Kingdom of Jesus Christ founder Pastor Apollo Quiboloy, who is facing criminal charges both in the Philippines and the United States.
US asks Philippines to extradite Quiboloy
Either the Philippine government will hold off the extradition to conclude court proceedings in the Philippines or immediately extradite him to the US.
But what does the “Extradition Treaty Between the Government of the United States of America and the Government of the Republic of the Philippines” exactly say?
Signed in Manila on November 13, 1994, the treaty provides for “more effective cooperation between the contracting parties in the repression of crime” and for the “reciprocal extradition of offenders.”
Under Article 2 of the treaty, an offense shall be considered extraditable if it is punishable under the laws of both countries.
Quiboloy is in the Most Wanted list of the Federal Bureau of Investigation for conspiracy to engage in sex trafficking by force, fraud and coercion, sex trafficking of children; sex trafficking by force, fraud and coercion; conspiracy; and bulk cash smuggling.
Article 7 lays down the procedures and required documents which include a statement of facts of the offense and the history of the case.
“All requests for extradition shall be submitted through the diplomatic channel,” the treaty states.
A copy of the judgment of conviction or statement by a judicial authority that the person has been convicted is required.
If the person is being sought for prosecution, the request should be accompanied by evidence and a copy of the warrant or the charging document.
Article 9 states that a contracting party may also request for a provisional arrest which may be transmitted through diplomatic channels or directly between the US DOJ or the Philippine DOJ.
Article 10 mandates that the requested state shall promptly notify the requesting state through diplomatic channels of its decision.
“If the request is denied in whole or in part, the Requested State shall provide information as to the reasons for the denial,” the treaty states.
If the request is granted, both parties should agree on the time and place for the surrender of the person sought.
In the case of Quiboloy who is facing charges both in the Philippines and the US, Article 11 provides for two options.
1. The requested state may temporarily surrender the person to the requesting state for the purpose of prosecution.
“The person so surrendered shall be kept in custody in the Requesting State and shall be returned to the Requested State after the conclusion of the proceedings against that person, in accordance with conditions to be determined by agreement between the contracting Parties,” the treaty states.
2. The Requested State may postpone the extradition proceedings who is being prosecuted in that state.
“The postponement may continue until the prosecution of the person sought has been concluded or until such person has served any sentence imposed,” the treaty states.
The Philippine DOJ however stressed that it is ultimately up to the Philippine extradition court if the religious leader will be extradited to the US.
In the Rules on Extradition Proceedings approved by the Supreme Court in 2025, an action for extradition is commenced when the Secretary of Justice or any designated authorized state counsels of the Office of the Chief State Counsel (Central Authority) files a verified petition with the extradition court.
Once filed, that court has exclusive jurisdiction over the case, even if the extraditee moves to a different location or residence.
Included in the set of rules are strict timelines, such as giving courts 30 days to render judgment from the date of presentation of the last witness.
If the extraditee is also facing criminal charges or serving a sentence in the Philippines for an offense other than the one for which extradition is requested, execution of the extradition judgment may be postponed unless the court handling the local criminal case allows the temporary surrender of the extraditee to the Requesting State.
Can Quiboloy file an appeal if the extradition is granted?
The SC said appeals may be filed with the Court of Appeals which will pause the execution of the decision.
"The CA must decide within 90 calendar days from the time the appeal is submitted for resolution, and its decision will be final and immediately executory," the SC said.
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