Section 29Sec./Art. 29

International Legal Cooperation. For the purposes of this section, the Department of Justice (DOJ) shall make and receive requests for assistance and to execute or arrange for the execution of such requests.

a.

Types of assistance the DOJ may execute or make a request for assistance from a foreign state to: (1) take evidence or obtaining voluntary statements from persons; (2) make arrangements for persons to give evidence or to assist in criminal matters; (3) effect service of judicial documents; (4) execute searches and seizures; (5) examine objects and sites; (6) provide or obtain original or certified true copies of relevant documents, records and items of evidence; (7) identify or trace property derived from the commission of an offense and instrumentalities of crime; restrain dealings in property or freeze property derived from the commission of an offense that may be recovered, forfeited or confiscated; (9) recover, forfeit or confiscate property derived from the commission of an offense; and (10) locate and identifying witnesses and suspects.

b. Request for legal assistance from a foreign State where a foreign State makes a request for assistance in the investigation or prosecution for violation of any of the regulated activities under this Act, or in related criminal proceedings, the DOJ may execute the request or refuse to execute the request, and inform the foreign State of valid reason for not executing the request or for delaying its execution. The DOJ may refuse a request for assistance where the action sought by the request contravenes any provision of the Constitution or the execution of a request is likely to prejudice the national interest of the Philippines, unless there is an existing treaty on mutual legal assistance between the Philippines and the requesting State.

c.

Requirements for requests for mutual assistance from foreign States a request for mutual assistance from foreign States must contain the following: (1) name of the authority conducting the investigation, prosecution or judicial proceeding to which the request relates, including contact details of the person capable of responding to inquiries concerning the request; (2) specific purpose of the request and the nature of the assistance sought; (3) confirmation that an investigation or prosecution is being conducted in respect to the person named therein or that the person has been convicted for violation of any of the regulated particulars, if known; (4) specify the manner in which and to whom said information, document, material or object obtained pursuant to the request, is to be produced; (5) all the particulars necessary for the issuance by the court in the requested State of the writs, orders or processes needed by the requesting State; and (6) such other information as may assist in the execution of the request.

d. Authentication of documents any document submitted by the foreign state pursuant to this section, shall be admissible as evidence in any proceeding, without need for further authentication.

Subject to the provisions of the extradition law and the applicable extradition treaty, the offenses defined in this Act shall be deemed included as extraditable offenses in an extradition treaty in which the Philippines is a party.

CHAPTER V

FINAL PROVISIONS