The negotiations for the Philippines-India Treaty on Transfer of Sentenced Persons Agreement (TTSP) and Treaty on Mutual Legal Assistance in Criminal Matters (MLAT) were finally concluded during the second round of negotiations hosted by India through virtual meetings held from 7th to 8th March, 2024.
Chief State Counsel (CSC) Dennis Arvin L. Chan stressed that the conclusion of the MLAT and TTSP negotiations marks a momentous occasion, especially since Philippines and India will commemorate the 75th anniversary of their diplomatic relations this year. He added that these treaties will serve as the cornerstone for further cooperation and mutual benefit between the two countries in the years to come.
The members of the Philippine Negotiation Panel include Department of Justice (DOJ) Officials CSC Dennis Arvin L. Chan, ACSC Mildred Bernadette B. Alvor, Senior State Counsel Grace L. Estrada, State Counsels Dave Florenz M. Fatalla, Albert Ignatius C. Abragan II and Anthony L. Maamo, and Department of Foreign Affairs officials, Atty. Eloisa Katrina V. Madamba, Director Rona Beth G. Goce, and Third Secretary/Vice Consul Mark Anthony G. Articulo.
On the other hand, the Negotiating Panel of India was led by Mr. Rakesh Kumar Pandey, Director, JKL Division, Ministry of Home Affairs, and joined by officers from the Ministry of Home Affairs and Ministry of External Affairs.
Transfer of Sentenced Persons allows citizens convicted of crimes in another country to serve their remaining sentence in their own countries. This will facilitate their effective rehabilitation, being close to their families and friends and be with other inmates with whom they share the same language, culture, customs and religion. Under the TTSP, Filipino and Indian prisoners may be transferred to their home countries to serve their remaining sentences.
Mutual Legal Assistance in Criminal Matters (MLA) is the process by which a state conducting investigation or prosecution of criminal cases or related proceedings requests legal assistance from another state, the most common of which, includes obtaining evidence or taking voluntary statements from persons, confiscation or forfeiture of property or proceeds of crime. MLA requests are key to obtaining evidence and confiscating illegal proceeds of crime located outside the state where the crime was committed.
These treaties will take effect for the Philippines upon ratification by the President, or his designated representative, and concurred in by the Senate.
These two treaties will complement the Treaty on Extradition between Philippines and India, signed in 2004 and took effect in 2014.
