MEJOFF vs Director of Prisons

G.R. No. L-4254 September 26, 1951

Associate Justice TUAZON

BORIS MEJOFF, petitioner,

vs.
THE DIRECTOR OF PRISONS, respondent.
FACTS
 Boris Mejoff, 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. (The petitioner's entry into the
Philippines was not unlawful; he was brought by the armed and belligerent forces of a de facto
government whose decrees were law furing the occupation.)
 He was arrested on March 18, 1948 as a Japanese spy, by U. S. Army Counter Intelligence Corps. and
later there was an order for his release.
 But on April 5, 1948, the Board of Commissioners of Immigration declared that Mejoff had entered the
Philippines illegally in 1944 and ordered that he be deported on the first available transportation to
Russia.
 He was transferred to Cebu Provincial Jail and then Bilibid Prison at Muntinlupa on October, 1948.
 He then filed a petition for writ of habeas corpus on the basis that too long a detention may justify the
issuance of a writ of habeas corpus - denied
 Over two years having elapsed since the decision aforesaid was promulgated, the Government has not
found way and means of removing the petitioner out of the country, and none are in sight, although it
should be said in justice to the deportation authorities, it was through no fault of theirs that no ship or
country would take the petitioner.
 This is his 2nd petition for writ of habeas corpus

ISSUES
Whether or not Mejoff should be released from prison pending his deportation

RULING
YES but with conditions.
The Philippines adopts the Universal Declaration of Human Rights since it is a generally accepted principle of
international law. It should be applied also to illegal aliens like Mejoff so that it would be a violation of the said
international law to detain him for an unreasonable length of time since no vessel from his country is willing to
take him. Considering that the Government desires to expel the alien and does not relish keeping him at the
people’s expense, we must presume it is making efforts to carry out the decree of exclusion by the highest officer
of the land. On top of the presumption, assurances were made during the oral argument that the Government is
really trying to expedite the expulsion of Mejoff. The petitioner can be released if there is a record shown that the
deportee is being imprisoned under the pretense of awaiting a chance for deportation or unless the Government
admit that it can not deport him or he is being held for too long a period our courts will not interfere. Article 2 of
the Philippine Constitution states that, “The Philippines renounces war as instrument of national policy, adopts the
generally accepted principles of international law as part of the law of the land and adheres to the policy of peace,
equality, justice, freedom, cooperation, and amity with all nations. 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.

Mejoff’s petition was granted but will be subject to surveillance and must also post a bond