BORIS MEJOFF VS. DIRECTOR OF PRISONS

BORIS MEJOFF VS. DIRECTOR OF PRISONS
90 Phil. 70 (1979) Court of the Philippines

Facts:

The case is a second petition for habeas corpus filed by petitioner Boris Mejoff, the first having been denied in a decision of this Court of July 30, 1949.

Herein petitioner is an alien of Russian decent who was brought from Shanghai by the Japanese forces. Upon liberation, he was arrested as Japanese spy by U.S. Army Counter Intelligence Corps and was handed to the Commonwealth Government for disposition in accordance with Commonwealth Act No. 682. Thereafter, the People Court ordered his release but the Deportation Board taking his case up declared the petitioner as an illegal alien for lack of necessary documents presented upon entering the Philippines. The immigration officials then ordered that the petitioner be deported on the first available transportation to Russia but failed to do so in several times. While the arrangements for his departure are being made and for the best interest of the country, petitioner Mejoff was detained at the Bilibid Prison in Muntinlupa. Over two years having elapsed since the decision aforesaid was promulgated, the Government has not found ways and means of removing the petitioner out of the country.

Issue: Whether or not prolonged detention of the petitioner is warranted by law and the Constitution.

Held:

The court ruled in favor of the petitioner and commanded the respondents to release the former from custody subject to terms and conditions. The petitioner’s unduly prolonged detention would be unwarranted by law and the Constitution, if the only purpose of the detention be to eliminate a danger that is by no means actual, present, or uncontrollable. The possibility that he might join or aid disloyal elements if turned out at large does not justify prolonged detention, the remedy in that case being to impose conditions in the order of release and exact bail in a reasonable amount with sufficient sureties. Hence, a foreign national, not enemy, against whom no criminal charges have been formally made or judicial order issued, may not be indefinitely be kept in detention. He has the right to life and liberty and all other fundamental rights as applied to human beings, as proclaimed in the Universal Declaration of Human Rights approved by the General Assembly of the United Nations, of which the Philippines is a member.