Mejoff vs. Directors of Prison, 90 Phil. 70, L- 4254 September 26, 1951

Fact:The petitioner was a Russian national who was brought into the country as a secret operative of the Japanese forces. Upon liberation, he was arrested as a Japanese spy by the U.S Army. Thereafter, the People’s Court ordered his release but the Board of Commissioners of Immigration declared that the he had entered the country illegally and ordered his deportation. After repeated failures to have have him deported, the authorities moved him to Bilibid where he was detained up to time of petition.

Issue: Whether or not an alien person who claims to be stateless may indefinitely kept in detention.

Ruling: The Court decides that an alien who illegally stayed in the Philippines have no right of asylum even if they claimed as stateless. Foreign nationals, not enemies, against whom no charge had been made other than their permission to stay has expired, may not be indefinitely kept in detention for the reason that 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 citizen citizens but extends to all residents, except enemy aliens.

Mejoff entry to our country was not unlawful; he was brought by the armed forces of a de facto government whose decrees were law during the occupation.

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 Nation, of our country is a member. The theory on which the court is given the power to act is that the warrant for his deportation which was not executed is functus officio and the alien is being held without any authority of law. 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 reasonable amount with sufficient sureties.

The petition was denied.