G.R. No. L-2855 July 30, 1949
BORIS MEJOFF, petitioner,
vs.
DIRECTOR OF PRISONS, respondent.
vs.
DIRECTOR OF PRISONS, respondent.
FACTS:
Petitioner
Boris Mejoff is 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. Upon liberation he was
arrested as a Japanese spy, by U. S. Army Counter Intelligence Corps. He
was handed by the government and later on ordered his release. But it
was found out that he had entered the Philippines illegally without
inspection and admission by the immigration officials thus ordered his
deportation on the first available transportation to Russia. The
petitioner was then detained while arrangements for his deportation are
being made. Thereafter two boats of Russian nationality arrived but
their masters refused to take petitioner.
ISSUE: Whether or not too long detention of the petitioner was valid?
HELD:
The Supreme Court ruled against the petitioner.
The Supreme Court ruled against the petitioner.
Under
section 37 of the Philippine Immigration Act of 1940 any alien who
enters this country "without inspection and admission by the immigration
authorities at a designated point of entry" is subject to deportation
within five years. In a recent decision of a similar litigation
(Borovsky vs. Commissioner of Immigration) we denied the request for
habeas corpus, saying:
"It
must be admitted that temporary detention is a necessary step in the
process of exclusion or expulsion of undesirable aliens and that pending
arrangements for his deportation, the Government has the right to hold
the undesirable alien under confinement for a reasonable lenght of time. However, under established precedents, too long a detention may justify the issuance of a writ of habeas corpus.
"The
meaning of "reasonable time" depends upon the circumstances, specially
the difficulties of obtaining a passport, the availability of
transfortation, the diplomatic arrangements concerned and the efforts
displayed to send the deportee away. Considering that this 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 this
presumption assurances were made during the oral argument that the
Government is really trying to expedite the expulsion of this
petitioner. On the other hand, the record fails to show how long he has
been under confinement since the last time he was apprehended. Neither
does he indicate neglected opportunities to send him abroad. And unless
it is shown that the deportee is being indefinitely imprisoned under the
pretense of awaiting a chance for deportation or unless the Government
admits that it can not deport him or unless the detainee is being held
for too long a period our courts will not interfere.
Separate Opinion
"To
continue keeping petitioner under confinement is a thing that shocks
conscience. Under the circumstances, petitioner is entitled to be
released from confinement. He has not been convicted for any offense for
which he may be imprisoned. Government's inability to deport him no
pretext to keep him imprisoned for an indefinite length of time. The
constitutional guarantee that no person shall be deprived of liberty
without due process of law has been intended to protect all inhabitants
or residents who may happen to be under the shadows of Philippine flag.
Our vote is to grant the petition and to order the immediate release of
petitioner, without prejudice for the government to deport him as soon
as the government could have the means to do so. In the meantime,
petitioner is entitled to live a normal life in a peaceful country,
ruled by the principles of law and justice." (Perfecto, J.)
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