Mejoff vs Director of Prisons

90 Phil 70
G.R. No. L-2855

July 30, 1949

BORIS MEJOFF, petitioner,

vs.
DIRECTOR OF PRISONS, respondent.
First Assistant Solicitor General Roberto A. Gianzon and Solicitor Lucas Lacson for
respondent.
Facts:

The petitioner Boris Mejoff is an alien of Russian descent who was brought to
this country from Shanghai as a secret operative by the Japanese forces during
the latter's regime in these Islands.
Yet another petition for habeas corpus (i.e. this was not the first case filed by
Mejoff)
First petition denied by SC on July 30, 1949
Upon liberation he was arrested as a Japanese spy, by U. S. Army Counter
Intelligence Corps. Later he was handed to the Commonwealth Government for
disposition in accordance with Commonwealth Act No. 682.
The Peoples Court ordered Mejoffs release, but the Deportation Board then
found out that he had no travel documents and referred the matter to the
immigration authorities
On April 5, 1948 the Immigration Board declared Mejoff an illegal alien, having
illegally entered the Philippines in 1944, without inspection or admission by
immigration officials, and ordered that he be deported to Russia come the first
available transport
Mejoff was then under custody, having been arrested on March 18, 1948
Repeated failures to ship Mejoff to Russia
On October 1948, Mejoff was moved to Bilibid Prison at Mutinlupa where he
has been confined for give or take two years in as much as the Commissioner of
Immigration believes it is best interest for the country to keep him under
detention while arrangements for his deportation was being made.

ISSUE:
a. Whether or not Mejoff should be released from prison pending his deportation

b. Whether or not an alien, not enemy, against whom no charge has been made
other than that their permission to stay has expired, may be detained
indefinitely for as long as the Government is unable to deport him

RULING:
a. Yes. Petitioner is ordered to be released upon the condition of being under
surveillance and exact bail in a reasonable amount with sufficient sureties. The
possibility that he might join or aid disloyal elements if turned out at large does
not justify prolonged detention.
b. No. A foreign national, not enemy, against whom no criminal charges have been
formally made or judicial order issued, may not indefinitely be kept in detention.
He also has the right to life and liberty and all other fundamental rights as
applied to human beings. The protection against deprivation of liberty without
due process of law, and except for crimes committed against the laws of the
land, is not limited to Philippine citizens but extends to all residents, except
enemy aliens, regardless of nationality
Sec. 3, Art. II of the 1935 Constitution adopts the generally accepted principles
of international law as part of the law of the Nation, which means that the
incorporation doctrine holds sway here
The Universal Declaration Of Human Rights proclaims the right to life and
liberty and all other fundamental rights as applied to all human beings, stating
that all human beings are born free and equal in degree and rights (Art. 1);
that everyone is entitled to all the rights and freedom set forth in this
Declaration, without distinction of any kind, such as race, color, sex, language,
religion, political or other opinion, nationality or social origin, property, birth, or
other status (Art. 2); that everyone has the right to an effective remedy by the
competent national tribunals for acts violating the fundamental rights granted
him by the Constitution or by law (Art. 8); that no one shall be subjected to
arbitrary arrest, detention or exile (Art. 9 ), etc.
Hence, the Supreme Court decided that Mejoff be released from custody but be placed
under reasonable surveillance of the immigration authorities to insure that he keep
peace and be available when the Government is ready to deport him. The contention
that he remains a threat of to the security of the country is unfounded as Japan and
the US or the Phils are no longer at war.