Facts:
The 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 the Philippines. Upon
liberation, he was arrested as a Japanese spy by US Army Counter Intelligence Corps.
The People's Court ordered his release but the Deportation Board taking his
case found that having no travel documents, Mejoff was an illegal alien in this
country and must referred the matter to the immigration authorities. After
corresponding investigation, the Immigration Board of Commissioners declared
that Mejoff entered the Philippine illegally and therefore must be deported on
the first available transportation to Russia. The petitioner was then under
custody. After repeated failures to ship this deportee abroad, the authorities
moved him to Bilibid Prison at Muntinlupa where he has been confined up to the
present time. Two years had elapsed but the Government has not found ways and
means of removing the petitioner out of the country although it should be said
in fairness to the deportation authorities that it was through no fault of
theirs that no ship or country would take the petitioner.
Issue:
Whether or not Mejoff should be released from prison pending his deportation.
Held:
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.
No comments:
Post a Comment