Republika ng PilipinasKAGAWARAN NG KATARUNGANDEPARTMENT OF JUSTICEM a n i l aDEPARTMENT CIRCULAR NO. 90 December 6, 200PRESCRI!ING RULES IN T"E IMPLEMENTATION OF T"E TRANSFER OFSENTECED PERSONS AGREEMENTSW#ere$%. Section 11, Article II of the 1987 Constitution declares that the State alues the dignit!of eer! hu"an person and guarantees full respect for hu"an rights#W#ere$%. $he %oern"ent of the Republic of the Philippines ai"s at pro"oting the uniersall! recogni&ed principles of hu"an rights as 'ell as deeloping international "utual cooperation in the field of cri"inal (ustice and social reintegration of sentenced persons into the "ainstrea" of societ!#W#ere$%. $ransfer of Sentenced Persons Agree"ents )$SPAs* facilitate the successful reintegration of sentenced persons into societ! and ensure their effectie rehabilitation as the! are afforded the opportunit! to sere their sentences in the countr! of their nationalit!#W#ere$%. $he %oern"ent of the Republic of the Philippines entered into $SPAs 'ith the %oern"ents of Canada, Cuba, +ong ,ong Special Ad"inistratie Region )+,SAR*, Spain and$hailand, and intends to conclude si"ilar agree"ents 'ith other interested countries#W#ere$%. $here is a need to issue rules that 'ill goern the i"ple"entation of the $SPAs#-o', therefore, pursuant to the proisions of e.isting la's, the depart"ent of /ustice, as the Central Authorit! for the Philippines in the i"ple"entation of $SPAs, hereb! adopts the follo'ing rules, 'hich shall goern in the i"ple"entation of the $SPAs0I. Pre&'m'($r) Pr*+'%'*(%Sec,'*( . Definition of Terms. 1 As used in this Circular, the follo'ing ter"s shall "ean0a* "Administrative State" "eans the State to 'hich the sentenced person "a! be or has been transferred#b* "Central Authority" "eans the 2epart"ent of /ustice, representing the %oern"ent of the Republic of the Philippines or its foreign counterpart as designated b! the $reat! Partner#c* "Department" "eans the 2epart"ent of /ustice#d* "Legal Staff" "eans the 3ffice of the Chief /ustice State Counsel of the 2epart"ent of /ustice#e* "Minor" "eans a person under the age of eighteen )18*#f* "Secretary" "eans the Secretar! of the 2epart"ent of /ustice or his or her dul! designated representatie#g* "Sentence" "eans an! punish"ent or "easure inoling depriation of libert! ordered b! a court of the sentencing State on account of a cri"inal offences#h* "Sentenced Person" "eans the person on 'ho" a punish"ent or "easure inoling depriation of libert! has been i"posed on account of a cri"inal offense#i* "Sentenced State" "eans the State in 'hich the sentences 'as i"posed on the person 'ho "a! be sub(ect to transfer#(* "Treaty Partner" "eans the goern"ent or the State 'hich has a $reat! on Sentenced Person Agree"ent )$SPA* in force 'ith the goern"ent of the Republic of the Philippines#k* "Treaty" "eans the $reat! on the $ransfer of Sentenced Persons or $SPA# andl* "Turn-ver" "eans the for"al transfer or handing1oer of the sentenced person fro" the Sentencing State to the Ad"inistratie State or Receiing State4Sec,'*( 2. !eneral Principles. 1 $he follo'ing principles are adopted0a* Punish"ent or "easure inoling i"prison"ent or other for"s of depriation of libert! i"posed b! a sentencing State on 5ilipino nationals "a! be sered in the prison facilities of the Philippines as ad"inistering State4b* Punish"ent or "easure inoling depriation of libert! i"posed in the Philippines on foreign nationals "a! be sered in the prison facilities of the ad"inistering State4c* $ransfer "a! be re6uested either b! the sentencing State or ad"inistering State4d* A $ransfer shall be effected onl! upon the consent of the sentencing State, ad"inistering State and sentenced person4Sec,'*( -. Conditions for Transfer. 1 A re6uest for transfer shall be sub(ect to the follo'ing conditions0a* $he acts or o"issions on account of 'hich the sentence has been i"posed are punishable in the ad"inistering State, or 'ould constitute a cri"inal offense if co""ittedin its territor!, although the definition thereof "a! not be identical#b* $he sentenced person is a national of the ad"inistering State#c* $he (udge"ent is final and no other legal proceedings relating to the offense or an! other offense are pending in the sentencing State#d* $he $ransfer is consented to b! the sentencing State, ad"inistering State and the sentenced person#e* $he part of the sentences still to be sered at the ti"e of the receipt of the re6uest for transfer b! the ad"inistering State is at least one )1* !ear4 In e.ceptional cases, as deter"ined b! both the sentencing and ad"inistering State, a re6uest "a! be accepted een if part of the sentence still to be sered is less than one )1* !ear# andf* $he sentenced person has satisfied pa!"ent of fines, court costs, ciil inde"nities and7or pecuniar! sanctions of all kinds for 'hich he or she is liable under the ter"s of thesentence, or has proided sufficient securit! to ensure pa!"ent thereof to the satisfaction of the sentencing State4Sec,'*( .. -ationalit! of the Sentenced Person4 1 $he sentenced person, 'hether the ter" refers to citi&enship or habitual residence shall be deter"ined b! the ad"inistering State and in accordance 'ith its la's4$o proide his or her nationalit!, the sentenced person shall sub"it the follo'ing docu"ents0a* 3riginal or certified true cop! of his or her birth certificate, issued b! the proper office or agenc! and if issued abroad 'ith due authentication b! the 8"bass! or Consular 3ffice concerned#b* 3riginal or certified true cop! of the birth certificate of his or her parent or parents issued b! the proper office or agenc! and if issued abroad 'ith due authentication b! the 8"bass! or Consular 3ffice concerned#c* 3riginal cop! or certified true cop! of his or her passport#d* Authenticated cop! of the specific proisions of the ciil la' of the ad"inistering Stateupon 'hich the nationalit! of the sentenced person is based# ande* Such other docu"ents 'hich "a! be re6uested b! the sentencing State to proe his or her nationalit!4Sec,'*( /. Consent of the Sentenced Person. 1 a* $he desire of the sentenced person to be transferred "ust be e.pressl! stated in a dul! subscribed affidait, stating therein his or her 'illingness to be transferred under the ter"s and conditions stated in the $SPA# that he or she is a'are of the legal conse6uences inoled in the transfer# and that his or her consent if freel! gien4In case of the incapacit! of the sentenced person, the consent "a! be gien b! his or her legal representatie4b* 9here the Philippines is the sentencing State, the Secretar! of /ustice through the :egal Staff shall take steps to erif! that the consent of the sentenced person is gien oluntaril! and 'ith full kno'ledge of the conse6uences thereof4;pon re6uest, the 2epart"ent of /ustice through the :egal Staff, in accordance 'ith the 2epart"ent of 5oreign Affairs shall afford the $reat! Partner an opportunit! to erif! trough its e"bass! or consular official7s in the countr! that the consent of the sentenced person is gien oluntaril! and 'ith full kno'ledge of the conse6uences of such transfer4c* 9here the Philippines is the ad"inistering State, the 2epart"ent of /ustice shall re6uest the 2epart"ent of 5oreign Affairs to erif!, through the Philippine 8"bass! or Consulate in the sentencing State, that the sentenced 5ilipino national gae his or her consent oluntaril! and 'ith full kno'ledge of the conse6uences thereof4Sec,'*( 6. Central Authorities. 1 a* $he Central Authorit! for Philippines is the 2epart"ent of /ustice4 $he $reat! Partner