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Mejoff Vs Director of Prisons

Boris Mejoff, a Russian man, was detained in the Philippines for two years after being declared an illegal alien and ordered deported. He filed a habeas corpus petition seeking release since two attempts to deport him on Russian ships failed. The Supreme Court ruled that Mejoff should be released from custody but placed under surveillance by immigration authorities, as keeping him detained indefinitely violated principles of international law and human rights adopted by the Philippines.

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Ernest Godfrey Tejada
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419 views1 page

Mejoff Vs Director of Prisons

Boris Mejoff, a Russian man, was detained in the Philippines for two years after being declared an illegal alien and ordered deported. He filed a habeas corpus petition seeking release since two attempts to deport him on Russian ships failed. The Supreme Court ruled that Mejoff should be released from custody but placed under surveillance by immigration authorities, as keeping him detained indefinitely violated principles of international law and human rights adopted by the Philippines.

Uploaded by

Ernest Godfrey Tejada
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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G.R. No.

L-4254 September 26, 1951

BORIS MEJOFF vs. THE DIRECTOR OF PRISONS

90 Phil. 70

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, he 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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