MEJOFF VS DIRECTOR OF PRISONS

FACTS:

Petitioner: Boris Mejoff, a Russian national brought to the Philippines as a

secret operative by the Japanese during the Japanese Occupation
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
[Now that were done with that, lets go back to the story]
Upon the liberation of the Philippines, Mejoff was arrested as a spy by the
US Army Counter-Intelligence Corps
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
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
Mejoff was moved to Bilibid where he has been confined for give or take
two years; no ship or country would take him, says the decision

ISSUE:

WON Mejoff should be released from prison pending his deportation

RULING:

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 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. 8); that no one shall be subjected to arbitrary arrest, detention or

exile (Art. 9 ), etc.
The writ of habeas corpus will issue commanding the respondents to
release the petitioner from custody upon these terms: that the petitioner
shall be placed under reasonable surveillance c/o the immigration authorities
or their agents in such form and manner as may be deemed adequate to
insure that he keep peace and be available when the Government is ready to
deport him