MJ wins round in SC

In a precedent-setting decision, the Supreme Court (SC) ruled yesterday that controversial businessman Mark Jimenez is entitled to a copy of every document turned over by American authorities to the Philippine government regarding his extradition to face criminal charges in the United States.

Voting 9-6, the High Tribunal junked the petition of the Department of Justice (DOJ) not to give Jimenez, former presidential adviser on Latin American affairs, copies of the note verbale and other documents sent in by the US government through the Department of Foreign Affairs.

"We would not be true to the organic law of the land if we choose strict construction over guarantees against the deprivation of liberty. That would not be in keeping with the principles of democracy of which our Constitution is premised," the decision penned by Justice Jose Melo stated.

Melo also pointed out that it was not only Jimenez's liberty that was being imperiled, but also his assets.

The decision said the judiciary will always uphold the rights, particularly due process, of the citizens as enshrined in the Constitution.

"Private respondent (Jimenez) does not only face a clear and present danger of loss of property or employment, but of liberty itself, which may eventually lead to his forcible banishment to a foreign land," the 41-page decision stated.

The tribunal said in the ongoing extradition proceedings, fair play must always be observed, notably the "application of the basic due process, rights of notice and hearing."

"If the information is truly confidential, the veil of secrecy cannot be lifted at any stage of the extradition proceedings. Not even during trial. A libertarian approach is thus called for under the premises," the ruling said.

Those who voted in favor of the decision were Melo, Justices Josue Bellosillo, Santiago Kapunan, Sabino de Leon, Consuelo Ynares-Santiago, Arturo Buena, Fidel Purisima, Leonardo Quisumbing and Jose Vitug.

Those who dissented were Chief Justice Hilario Davide Jr. and Justices Reynato Puno, Vicente Mendoza, Artemio Panganiban, Bernardo Pardo and Minerva Gonzaga-Reyes.

US authorities have been seeking Jimenez's extradition since last June to face trial for alleged tax evasion, mail fraud and unlawful contributions to the Clinton-Gore campaign.

Jimenez, who is also known as Mario Crespo, through his lawyer former Solicitor General Estelito Mendoza, obtained last August a temporary restraining order from former Manila Judge Ralph Lantion (now commissioner of the Commission on Elections), prompting the DOJ to elevate the case to the SC.