Mejoff v.

DOP
L-4254. 26 September 1951

FACTS:
Russian Mejoff was a secret Japanese operative from Shanghai and was
arrested by the US Army Counter Intelligence Corps and was handed to the
Commonwealth pursuant to CA 682.
o Thereafter, the Peoples Court ordered his release but the Deportation
Board found that he was illegally in the PH.
o The Board of Commissioners of Immigration ordered that he be deported
to Russia but the masters of the Russian boats called refused to take him
for lack of authority.
After failing to have him deported, he was kept under detention in Bilibid for 2 yrs.
o Court held the detention as a necessary step in the process of expulsion
of undesirable aliens pending deportation for a reasonable period.
o Of note were the States efforts to carry out the deportation and no period
was fixed since reasonable time was made to depend upon the
circumstances.
Illegal aliens, though stateless, have no right of asylum in the PH but foreigners
not enemies may not be detained for expiry of permission to stay.

ISSUE + RULING
May Mejoff be released? YES.
The 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 citizens but extends to all residents, except enemy aliens, regardless of
nationality.
o Mejoffs entry was not unlawful; he was brought in by a de facto
government.
Art II, Sec 3 of the Constitution adopts generally accepted principles of
international law.
o In the Universal Declaration of Human Rights, the right to life and liberty
was applied to all human beings, without distinction (Art 2), every one has
a right to remedies against violations of fundamental rights (Art 8), and
that no one shall be arbitrarily arrested, detained, nor exiled (Art 9).
US v. Nichols: the Court has the power to release detained aliens for
unreasonable periods on the ground that the warrant of deportation is functus
officio.
Staniszewski v. Watkins: a stateless person detained for 7 mos. was conditionally
released
 Justice Jackson (re: application for bail of Communists): right to equal treatment
applies; existence of a substantial question about a conviction implies a more
than negligible risk of reversal.
o This was made applicable to the present case no case and remote
chance of filing a case against Mejoff.
Release on following terms: surveillance and bond.

Disposition: Granted.