Facts : This is a second petition for habeas corpus by herein petitioner.
Mejoff is an alien of Russian decent. He was brought to this country from Shanghai as a secret operative by the Japanese forces. Upon liberation, he was arrested as a Japanese spy. He was deported having been found out that he has no travel documents and his entry here in the Philippines was illegal. The Deportation Board ordered the immigration officials for his deportation on the first transportation to Russia. He was moved in Cebu where two Russian ships were scheduled, but each respective masters of the ship refused to take petitioner due to no authority to do so. Thus, respondent was moved again to Bilibid Prison, Muntinglupa. Since then and until the time this case was initiated he was still detained in the said jail.
Issue : Whether or not an alien’s prolonged detention is unlawful.
Held : Petitioner’s entry here in the Philippines was not illegal since he was brought here by the armed force of the then de facto government.
The Philippines adopts “the generally accepted principles of international law as part of the law of the Nation. ” Thus, in view of this principle the resolution entitled “Universal Declaration of Human Rights” approved by the general assembly of the United Nations , Philippines is a member. This provides the right to life and liberty and all other fundamental rights as applied to all human beings proclaimed without any distinction.
It has been said that the petitioner was engaged in subversive activities. If the only purpose of the detention is to eliminate danger, government is not impotent to deal or prevent any threat. The prolonged detention of herein petitioner is not the only way of government’s keeping our country safe and peaceful.
The writ will issue commanding the respondent to release the petitioner from custody upon terms. The petitioner shall be placed under surveillance of the immigration authorities and insure that he keep peace and be available when the Government is ready to deport him.
No cost will be charged.
Mejoff is an alien of Russian decent. He was brought to this country from Shanghai as a secret operative by the Japanese forces. Upon liberation, he was arrested as a Japanese spy. He was deported having been found out that he has no travel documents and his entry here in the Philippines was illegal. The Deportation Board ordered the immigration officials for his deportation on the first transportation to Russia. He was moved in Cebu where two Russian ships were scheduled, but each respective masters of the ship refused to take petitioner due to no authority to do so. Thus, respondent was moved again to Bilibid Prison, Muntinglupa. Since then and until the time this case was initiated he was still detained in the said jail.
Issue : Whether or not an alien’s prolonged detention is unlawful.
Held : Petitioner’s entry here in the Philippines was not illegal since he was brought here by the armed force of the then de facto government.
The Philippines adopts “the generally accepted principles of international law as part of the law of the Nation. ” Thus, in view of this principle the resolution entitled “Universal Declaration of Human Rights” approved by the general assembly of the United Nations , Philippines is a member. This provides the right to life and liberty and all other fundamental rights as applied to all human beings proclaimed without any distinction.
It has been said that the petitioner was engaged in subversive activities. If the only purpose of the detention is to eliminate danger, government is not impotent to deal or prevent any threat. The prolonged detention of herein petitioner is not the only way of government’s keeping our country safe and peaceful.
The writ will issue commanding the respondent to release the petitioner from custody upon terms. The petitioner shall be placed under surveillance of the immigration authorities and insure that he keep peace and be available when the Government is ready to deport him.
No cost will be charged.
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