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After he had surrendered his passport and posted (b) they show compliance with the Extradition
the required cash bond, Jimenez was granted Treaty and Law, and
provisional liberty via the challenged Order dated 4
July 2001. Hence, this petition. (c) the person sought is extraditable. At his
discretion, the judge may require the submission of
Issues: 1.Whether Jimenez is entitled to notice further documentation or may personally examine
and hearing before a warrant for his arrest can be the affiants and witnesses of the petitioner.
issued
Whether he is entitled to bail and to If, in spite of this study and examination, no prima
provisional liberty while the extradition facie finding is possible, the petition may be
proceedings are pending dismissed at the discretion of the judge.
Held:
No.
To determine probable cause for the issuance of On the other hand, if the presence of a prima facie
arrest warrants, the Constitution itself requires only case is determined, then the magistrate must
the examination under oath or affirmation immediately issue a warrant for the arrest of the
of complainants and the witnesses they may extraditee, who is at the same time summoned to
produce. answer the petition and to appear at scheduled
summary hearings.
There is no requirement to notify and hear
the accused before the issuance of warrants of Prior to the issuance of the warrant, the judge must
arrest. not inform or notify the potential extraditee of the
pendency of the petition, lest the latter be given the
opportunity to escape and frustrate the
proceedings.