Estrada keeps hands off Jimenez extradition case

President Estrada vowed yesterday to keep his hands off a United States appeal to the Supreme Court to reverse a ruling that would give US fugitive Mark Jimenez access to extradition documents and prior notice in case of his arrest.

"Much as I want to react, it is very clear in our Constitution that there is a separation of powers between the executive and the judiciary," Mr. Estrada told a press conference in Cebu City.

He said the supreme courts of both the Philippines and the US should be left alone to debate Jimenez's case.

Manila newspapers reported yesterday that the US Justice Department has formally appealed to the Philippine Supreme Court to reverse its earlier decision, noting that the ruling "undermines the ability of the Philippines to discharge its obligations under the extradition to surrender fugitives."

"Due process does not require that a person facing the imposition of criminal charges in the United States be given notice and the opportunity to persuade the government not to bring charges against him," a US Justice Department memorandum stated.

The memorandum was reportedly attached to a motion for reconsideration filed by the Philippine Justice Department, which is also appealing for a reversal of the Supreme Court ruling.

Jimenez is facing charges of conspiracy, wire and mail fraud, tax evasion and illegal campaign contributions to the Democratic Party during the 1996 elections.

A close associate of Mr. Estrada, Jimenez flew to the Philippines apparently to avoid criminal charges and was appointed presidential adviser for Latin American affairs.

However, Jimenez vacated his post after controversy over the charges he faces erupted in the Philippine media.

Last year, US Federal Bureau of Investigation (FBI) Director Louis Freeh visited the Philippines and urged the government to hasten the extradition of Jimenez.

Meanwhile, Bohol Rep. Ernesto Herrera dared Jimenez to show that he is a "true friend" of the President by facing the charges against him in the US.

"If you really are a true friend of President Estrada, you will save him all this trouble and clear your name in a US court of law," he said.

The lawmaker stopped short of saying Jimenez should surrender himself to the FBI.

He said Mr. Estrada, being a loyal friend of Jimenez, defended him by exalting his talents, describing him at one time as a "corporate genius."

"But what has Jimenez given the President in return? An international incident and a showdown with a close Philippine ally and trading partner," Herrera said.

In another development, Sen. Francisco Tatad expressed fear that undue delay in implementing the RP-US extradition treaty could set back the war on global crime and hamper bilateral relations between the two countries "at a time when they need to be strengthened."

Tatad, chairman of the Senate committee on foreign relations, expressed hope that the Supreme Court would see the error of its ruling which has effectively delayed the extradition proceedings against Jimenez, and act promptly to correct it.

"The treaty provides for a uniform procedure, fully in accord with the Constitution, to be followed by the US and the Philippine governments. This procedure has been followed without any difficulty or delay by the US government extraditing Filipino nationals who had managed to escape to the US while facing charges in the Philippines," Tatad said in a statement.

The senator noted that over the past year, Philippine authorities have seized some $300 billion in fake bills, fictitious US treasury and gold certificates and bonds in seven raids against an international ring of counterfeiters operating in the cities of Cebu, Cagayan de Oro, Dipolog and Gingoog, as well as in Malaybalay town in Bukidnon.

Quoting official sources, Tatad said some suspects, among them European nationals, have been arrested, but no links of the suspects in the US and other parts of the world were established. - With Jess Diaz, DPA report