MANILA — The Department of Justice on Saturday said no one in the government can give fugitive pastor Apollo Quiboloy the guarantee that he would not be turned over to the United States if arrested and if America asks for his extradition.

In a media forum in Quezon City, Justice Undersecretary Raul Vasquez said the Philippines has an obligation under its extradition treaty with the US, which allows Washington to request for a provisional arrest.

Extradition is different from extraordinary rendition — essentially state-backed kidnapping — that Quiboloy claims he is in danger of.

The DOJ said in March that it had received no extradition requests from the US to bring Quiboloy to America, where he is facing conspiracy to engage in sex trafficking by force, coercion, and fraud and sex trafficking of children.

“Kasi obligasyon natin. Meron tayong extradition treaty eh so ‘yong sinasabi niya na guarantee, no one in government can give that guarantee strictly speaking,” Vasquez told reporters.

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WHAT'S IN THE TREATY?

According to 1994 treaty, requests for extradition should be sent through diplomatic channels and should be supported by documents like statements of and details of the alleged offense, a copy of the judicial warrant and the charging document.

The requesting country must also send "such evidence as, according to the law of the Requested State, would provide probable cause for his arrest and committal for trial if the offense had been committed there."

A requested state may reject the request if it determines that it is politically motivated, or is for a "military offense which is not punishable under non-military penal legislation."

Extradition will also be rejected if the person subject to the request has been tried and convicted or acquitted “in the Requested State for the offense for which extradition is requested.”

QUIBOLOY WANTS WRITTEN COMMITMENT VS BEING SENT TO US

Quiboloy’s camp is seeking a written declaration from President Ferdinand Marcos Jr. and Justice Secretary Jesus Crispin Remulla that he will not be brought to the US without being given the chance to prove his innocence in the Philippines.

Quiboloy is subject to warrants from Davao City and Pasig courts, where he is facing abuse and trafficking cases.

Kingdom of Jesus Christ legal counsel Israelito Torreon said there is a threat to Quiboloy’s life as he faces possible “extraordinary rendition”  to the US.

Vasquez said Quiboloy’s request is a “legal issue that needs to be carefully studied” due to its implications in the implementation of law and the country’s international obligations.

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“If that kind of treatment would be given to him, bakit hindi ‘yong mga pobreng tao na may kaso din? I mean, fair is fair. Ang vision at ang mantra ng administrasyon natin tungkol sa bagay na ‘yan ay pantay-pantay na paglahad ng batas at paghabol ng may kasalanan, at i-expect naman nila that things would be acted upon fairly,” he said.