Boris Mejoff vs. Director of Prison

Facts:

Boris Mejoff a Russian alien who was brought to the country as a secret agent during the Japanese occupation was arrested by U.S. Army Counter Intellegence Corps. He was handed to the Government. The people's court ordered his release. But having no passport, he was considered as illegal alien in the country. The Government ordered his deportation to Russia. Having been denied by the Russian vessels for lack of pertinent papers (passport) Boris Mejoff was detained in the Bilibid Prison at Muntinglupa.

The Government represented by the Commissioner of Immigartion reasoned that "it is for the best interests of the country to keep him under detention while arrangements for his departure are being made."

The lower court held in favor of the commissioner stated that Mejoff's temporary detention is a "necessary step in the process of exclusion or explosion of undesirable aliens and that pending arrangements for his deportation, the Government has the right to hold the undesirable alien under confinement for a reasonable length of time."

However, Two years has passed and the Government has not found ways and means of removing the Boris Mejoff out of the country.

Thus, this petition of Habeas Corpus to the Supreme Court.

Issue:

Whether or not it is proper to detain in an undertermined length of time a stateless person due only to a reason that he is an undesirable alien.

Held:

The court command the Director of Prisons to release Boris Mejoff from costudy upon the terms that Mejoff shall be placed under the surveillance of the immigration authorities or their agents in such form and manner as may deemed adequate to insure that he keep peace and be available when the Government is ready to deport him.

Legal Basis:

Philippine Constitution

Art l, Sec 3. 'the Philippines adopts the generally accepted principles of
internatinal law as part of the law of nation.'

Resolution of the General Assembly of the United Nation of which the Philippine is a member entitled " Universal Declaration of Human Rights"

Art 1. All human beings are born free and equal in degree and rights.

Art 2. ...everyone is entitled to all rights and freedom set forth in this Declaration,
without distinction of any kind, such as race, colour, sex, languange, religion,
political or other opinion, nationality or social origin, property, birth or other
status.

Art 8. Every one 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 9. No one shall be subjected to arbitrary arrest, detention or exile.