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Santos v. Misa

In the case of Santos v. Misa, the petitioner Santos, a Chinese citizen, was detained as a political prisoner and claimed his detention was illegal due to lack of charges or conviction. The court ruled that Santos is validly detained as he is deemed a Chinese subject and can be prosecuted for espionage, which is not dependent on citizenship. Thus, his foreign status does not exempt him from the provisions of Commonwealth Act No. 682.

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6 views1 page

Santos v. Misa

In the case of Santos v. Misa, the petitioner Santos, a Chinese citizen, was detained as a political prisoner and claimed his detention was illegal due to lack of charges or conviction. The court ruled that Santos is validly detained as he is deemed a Chinese subject and can be prosecuted for espionage, which is not dependent on citizenship. Thus, his foreign status does not exempt him from the provisions of Commonwealth Act No. 682.

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jetquine
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© © All Rights Reserved
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Santos v.

Misa
70 Phil 415 GR No. L-319
March 28, 1946

Facts:
Petitioner Santos avers that he is a Chinese citizen and that he was
apprehended by the Counter intelligence of the United States. He was detained as a
political prisoner by respondent Misa, the Director of Prisons. Santos claims that such
detention is illegal because he has not been charged nor convicted by a judge of a
competent court, and that he cannot be confined under Commonwealth Act No. 682
since he owes allegiance neither to the US nor to the Commonwealth of the Philippines.
However, the Solicitor General doubts the allegation of citizenship and maintains that
Santos may be charged for espionage, wherein allegiance is immaterial.

Issue:
Whether or not Santos is validly detained despite his citizenship.

Ruling:
Yes. As the record stands, the petitioner must be deemed a Chinese subject.
The commitment order No. 291 issued by the United States Army authorities describes
him as such. But it does not follow that he is entitled to liberty now. He is included
among those contemplated by section 19 of Commonwealth Act No. 682. His foreign
status does not exclude him ipso facto from the scope of the provisions. As stated by
the Solicitor-General, he might be prosecuted for espionage, (Commonwealth Act No.
616) a crime not conditioned by the citizenship of the offender, and considered as an
offense against national security.

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