Section 5 in Extradition Treaty between the Government of the Republic of India and the Government of the Republic of the Philippines
5. Extradition and Prosecution.
(1)The request for extradition may be refused by the Requested State if the person whose extraditable is sought may be tried for the extraditable offence in the courts of that State.(2)Where the Requested State refuses a request for extradition for the reason set out in paragraph 1 of this Article, it shall submit the case to its competent authorities so that prosecution may be considered. Those authorities shall take their decision in the same manner as in the case of any offence of a serious nature under the law of that State.(3)If the competent authorities decide not to prosecute in such a case, the request for extradition shall be reconsidered in accordance with this Treaty.Article-6
