Upload File

pil cases

5
MEJOFF VS. DIRECTOR OF PRISONS 90 PHIL 70 September 26, 1951 Facts: This is a second petition for habeas corpus by Boris Mejoff, the first having been denied in a decision of this Court of July 30, 1949. "The petitioner Boris Mejoff is an alien of Russian descent who was brought to this country from Shanghai as a secret operative by the Japanese forces during the latter's regime in these Islands. Upon liberation he was arrested as a Japanese spy, by U. S. Army Counter Intelligence Corps. Thereafter the People's Court ordered his release. But the Deportation Board taking his case up, found that having no travel documents Mejoff was illegally in this country, and consequently referred the matter to the immigration authorities. After the corresponding investigation, the Board of Commissioners of Immigration on April 5, 1948, declared that Mejoff had entered the Philippines illegally in 1944, without inspection and admission by the immigration officials at a designation port of entry and, therefore, it ordered that he be deported on the first available transportation to Russia. The petitioner was then under custody, he having been arrested on March 18, 1948. In October 1948 after repeated failures to ship this deportee abroad, the authorities removed him to Bilibid Prison at Muntinglupa where he has been confined up to the present time, inasmuch as the Commissioner of Immigration believes it is for the best interests of the country to keep him under detention while arrangements for his departure are being made." Over two years having elapsed since the decision aforesaid was promulgated, the Government has not found ways and means of removing the petitioner out of the country, and none are in sight, although, it should be said in justice to the deportation authorities, it was through no fault of theirs that no ship or country would take the petitioner. RULING: 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. Moreover, by its Constitution (Art. II, Sec. 3) the Philippines "adopts the generally accepted principles of international law as part of the law of Nation." And in a resolution entitled "Universal Declaration Of Human Rights" and approved by the General Assembly of the United Nations of which the Philippines is a member, at its plenary meeting on December 10, 1948, the right to life and liberty and all other fundamental rights as applied to all human beings were proclaimed.

Upload: rudyblaze187

Post on 17-Aug-2015

213 views

Category:

Documents


0 download

Report

DESCRIPTION

case digest

TRANSCRIPT

MEJOFF VS. DIRECTOR OF PRISONS 90 PHIL 70 September 26, 1951Facts: ThisisasecondpetitionforhabeascorpusbyBorisMejof, thefrsthain!beendenied in a decision of this "ourt of #u$y %&, 19'9()The petitioner Boris Mejof is an a$ien of *ussian descent +ho +as brou!ht to thiscountryfromShan!hai asasecret operatiebythe#apaneseforcesdurin!the$atter,s re!ime in these -s$ands( .pon $iberation he +as arrested as a #apanese spy,by .( S( /rmy "ounter -nte$$i!ence "orps(Thereafter the 0eop$e,s "ourt ordered his re$ease( But the 1eportation Board ta2in!his caseup, foundthat hain!notrae$ documents Mejof+as i$$e!a$$yinthiscountry, and conse3uent$y referred the matter to the immi!ration authorities(/fter the correspondin! inesti!ation, the Board of "ommissioners of -mmi!ration on/pri$ 5, 19'4, dec$aredthat Mejofhadenteredthe0hi$ippinesi$$e!a$$yin19'',+ithout inspection and admission by the immi!ration o5cia$s at a desi!nation port ofentry and, therefore, it ordered that he be deported on the frst aai$ab$etransportation to *ussia(The petitioner +as then under custody, he hain! been arrested on March 14, 19'4( -n 6ctober 19'4 after repeated fai$ures to ship this deportee abroad, the authoritiesremoed him to Bi$ibid 0rison at Muntin!$upa +here he has been confned up to thepresent time, inasmuch as the "ommissioner of -mmi!ration be$iees it is for the bestinterestsof thecountryto2eephimunder detention+hi$earran!ementsfor hisdeparture are bein! made()6ert+o years hain!e$apsed since the decisionaforesaid +as promu$!ated,the7oernment has not found +ays and means of remoin! the petitioner out of thecountry, and none are in si!ht, a$thou!h, it shou$d be said in justice to thedeportation authorities, it +as throu!h no fau$t of theirs that no ship or country +ou$dta2e the petitioner(RULING: The protection a!ainst depriation of $iberty +ithout due process of $a+ and e8ceptfor crimes committed a!ainst the $a+s of the $and is not $imited to 0hi$ippine citi9ensbut e8tends to a$$ residents, e8cept enemy a$iens, re!ard$ess of nationa$ity(Moreoer,byits"onstitution:/rt(--, Sec(%;the0hi$ippines)adoptsthe!enera$$yacceptedprincip$esof internationa$ $a+aspart of the$a+of


Pil Handbook

Pil Cases for Finals

Cases for PIL

Consolidated PIL Cases

PIL- list of cases sscr

PIL Extradition

Pil Project

Single Pil

Pil Articles

PIL Regina

PIL Cases - 1st Batch

PIL Reviewer

PIL Chapter14

PIL - Primer

PIL Transcriptions

PIL - Cases to Be Submitted

89124073 pil-cases

PIL cases 2nd

Cannabis PIL

Jay Pil Choi, Heiko Gerlach · 2020. 12. 18. · Jay Pil Choi, Heiko Gerlach ... In such cases, higher litigation costs hurt the patent holder as litigation incentives are mitigated

PIL digestted cases

PIL Cases 2

PIL 1-5 cases

PIL Cases (Chapter 4-6)

PIL cases in General

Pil Brosura

(PIL) - (eMC)

Pil Cases After Midterms 1

Compilation of PIL Cases 2013 Final (1)

PIL 6-10 cases

PIL Digests

PIL report.pptx

PIL Cases (Full Text)

PIL 2nd Set of Cases new

PIL Modified