Mejoff v.

Director of Prisons, L-4254 (26 September 1951)

FACTS:

Boris Mejoff is an alien of Russian and was arrested as a Japanese spy, by U.S. Army Counter Intelligence
Corps, and was handed over to Commonwealth Government for disposition.

People’s court ordered his release. However, the Board of commissioners of Immigration declared that
Mejoff had entered the Philippines illegally without inspection and admission by the immigration officials at a
designation port of entry and, therefore, it ordered that he be deported on the first available transportation to
Russia.

Mejoff Boris was arrested and transferred to Cebu Provincial Jail to await the arrival of some Russian
vessels. Several Russian vessels have arrived but refused to take Mejoff Boris alleging the lack of authority
to do so. Due to his, he was transferred to Bilibid Prison while waiting for his departure arrangements.

Mejoff filed a second petition for habeas corpus after the first one was denied. The Court held that Mejoff’s
temporary detention is a necessary step in the process of exclusion or expulsion of undesirable aliens. The
Government has the right to hold the undesirable alien under confinement for a reasonable length of time.

Yet, two years have passed since the decision, the Government has yet found a way to bring Mejoff out of
the country.

The Court warned that "under established precedents, too long a detention may justify the issuance of a
writ of habeas corpus."

ISSUE: Whether Mejoff’s detention justifies the issuance of a writ of habeas corpus.

RULING:

YES

The court held that foreign nationals, not enemy against whom no charge has been made other than that
their permission to stay has expired, may not indefinitely be kept in detention.

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.

Moreover, Art. II, Sec. 3, of the Constitution states that the Philippines "adopts the generally accepted
principles of international law as part of the law of Nation." Philippines, as a member of the United Nations
General Assembly, is a witness in resolving that "All human beings are born free and equal in degree and
rights".

Therefore, the writ will issue commanding the respondents to release Mejoff Boris from custody upon these
terms:

- The petitioner shall be placed under the surveillance of the immigration authorities or their agents in
He shall also put up a bond for the above purpose in the amount of P5,000 with sufficient surety or
sureties, which bond the Commissioner of Immigration is authorized to exact by section 40 of
Commonwealth Act No. 613.