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September 8, 2013

[Case Digest!] Mejoff vs. Director of Prisons

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This case may be assigned in Constitutional Law subjects.

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
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Posted by packingsheets in Case Digest!

Tagged: case digest, law, mejoff vs. director of prisons

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