Facts
Boris Mejoff, a Russian, was captured as a Japanese spy by the US Army Counter Intelligence Corps on March 18, 1948. He was turned over to the Phil Commonwealth Government for appropriate disposition. His case was decided on by the Board of Commissioners of Immigration who declared him as an illegal alien. The Board ordered his immediate deportation. In the meantime, we was placed in prison awaiting the ship that will take him back home to Russia. Two Russian boats have been requested to bring him back to Russia but the masters refused as they had no authority to do so. Two years passed and Mejoff is still under detention awaiting the ship that will take him home.
This case is a petition for habeas corpus. However, the respondent held that the Mejoff should stay in temporary detention as it is a necessary step in the process of exclusion or expulsion of undesirable aliens. It further states that is has the right to do so for a reasonable length of time.
Issue
Whether or not Mejoff should be released from prison awaiting his deportation.
Ruling
The Supreme Court decided that Mejoff be released from custody but be placed under reasonable surveillance of the immigration authorities to insure that he keep peace and be available when the Government is ready to deport him. In the doctrine of incorporation, the Philippines in its constitution adops the generally accepted principles of international law as part of the law of Nations. Also, the Philippines has joined the United Nations in its Resolution entitled “Universal Declaration of Human Rights” in proclaiming that life and liberty and all other fundamental rights shall be applied to all human beings. The contention that he remains a threat of to the security of the country is unfounded as Japan and the US or the Phils are no longer at war.
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