BORIS MEJOFF v. THE DIRECTOR OF PRISONS G.R. NO. L-4254,
SEPTEMBER 26, 1951
FACTS: In 1948, Boris Mejoff, a Russian citizen who was brought to the Philippines by
Japanese forces, was due for deportation but no ship would take him back to Russia because
of the lack of authority to do so. After repeated failures to ship Mejoff abroad, he is
transferred to Bilibid prison. Over two years having elapsed since the decision aforesaid was
promulgated, the Government has not found way 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.
Mejoff then filed a second petition for habeas corpus questioning his detention.
ISSUE: Whether or not Mejoff should be released in prison.
RULING: Yes, Mejoff can be released from prison but subject to certain conditions.
HELD: The Philippines is a member of the United Nations which promulgated the Universal
Declaration of Human Rights. The Philippine Constitution likewise provides that it adopts
the generally accepted principles of international law as part of its laws. Thus, as a state
policy, the Philippines adheres to an individual’s right to liberty. No one shall be deprived of
liberty without due process of law.
In this case, Mejoff’s detention was to eliminate the fear that he would be engaged in
subversive activities against the Philippine government. The Supreme Court however noted
that the Japanese was no longer at war with the Philippines or the USA, thus, the danger
sought to be avoided by his detention is remote.
Mejoff’s petition was granted but he will be subjected to surveillance and he must also post a
bond.