Mejoff v Director of Prisons

G.R. No. L-4254

September 26, 1951

FACTS: Boris Mejoff, the petitioner is a Russian descent who

came into the Philippines as a secret operative by the
Japanese forces during the Japanese occupation. He was
arrested by the US Army Counter Intelligence as Japanese spy
and was handed to the Commonwealth Government for
disposition in accordance with Commonwealth Act No. 682.
The People Court ordered his release, however it was found
out that he was an illegal alien with no travel document and
entered the country with no inspection and admission by the
immigration authorities. He was ordered to be deported to
Russia immediately and was transferred to Cebu Provincial Jail
to await the arrival of Russian vessels.

After repeated failures to ship Mejoff abroad, the Russian

nationality called the Cebu Port but masters refused to take
petitioner alleging lack authority to do so, he was then removed
to Bilibid Prison, Muntinglupa. The Commissioner of
Immigration believes that kit is best for him to be kept under
detention while his deportation is being arranged. The Court
decided to have him into temporary detention.

Over two years having been elapsed since the decision

was promulgated, there was no way and means found by the
Government to remove petitioner out of the count as no ship or
country would take the petitioner. With this, petitioner asks for
Writ of Habeas Corpus

Incorporation Clause-Art. II, Section 2

Writ of habeas Corpus-order issued by a courts of competent jurisdiction, directed to the person detaining another,
commanding him to produce the body of the prisoner at s designated time and place, and to show sufficient cause for
holding in custody the individual so detained
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Constitutional Law 1 Digest by-J.Baliton

ISSUE: Whether or not Mejoff is entitled to be released from

prison pending his deportation?

HELD: Yes. Mejoff shall be released from prison as he may not

be indefinitely be kept in detention. The Philippines adopts the
Universal Declaration of Human Rights since it is a generally
accepted principle of international law protecting life and liberty
of all human beings. Mejoff, even as an alien, is still entitled to
these fundamental rights which the Philippines adheres to by
the theory of incorporation. Moreover, there is already no threat
found of him being a Japanese spy as the Philippines, Japan
and even United states are no longer at the state of war and
there is no good basis to prolong his detention. Therefore, he
shall be released from custody but he shall be placed under
reasonable surveillance.

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