DOJ execs set to refine mutual legal assistance treaty with Spain

By Benjamin Pulta

October 12, 2023, 6:57 pm

MANILA – Department of Justice (DOJ) officials are scheduled to meet with Spanish government officials to discuss coordination and cooperation between the two countries on prisoner exchanges, the prosecution of transnational crimes, and online child abuse.

In a press briefing on Thursday, Justice Secretary Jesus Crispin Remulla said he is set to embark on a nine-day trip over the weekend, which will culminate in a meeting with his counterparts in the Spanish government to refine existing legal cooperation arrangements between the country, including the Mutual Legal Assistance Treaty (MLAT) and the Treaty of Transfer of Sentenced Prisoners.

"We have to refine these mutual agreements, and other matters that we will take up," Remulla told reporters.

He said among the other issues is incestuous rape, which he said is an epidemic that is happening in the country and is a cause of child pornography.

Kaya kinakailangang makausap natin ang ating counterparts sa ibang bansa para maganda ang international movement laban dito (That is why we need to talk with our counterparts in other countries so we can have an effective international response against this)," Remulla said.

Legal assistance to other countries, which the Philippines may provide with respect to criminal matters under MLAT, include taking the testimony or statement of persons providing documents, records, and items of evidence; locating or identifying witnesses or suspects; effecting serving documents; making arrangements for persons to give evidence or assist in investigation identifying, tracing, restraining, forfeiting, and confiscating proceeds and instrumentalities of criminal activities, including restraining of dealings in property or the freezing of assets alleged to be related to a criminal matter; and executing requests for searches and seizures.

Aside from Spain, the Philippines has MLATs with Australia, China, Hong Kong Special Administrative Region, Korea, Russia, Switzerland, the United Kingdom, and the United States.

The Philippines and Spain also ratified a Treaty on the Transfer of Sentenced Persons, which allows convicted persons of either country to return to their home country and serve their sentence there.

The Philippines has signed similar treaties with Canada, Cuba, Hong Kong, and Thailand. (PNA)

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