Wednesday, July 2, 2008


90 PHIL 70

FACTS: This was an original action in the Supreme Court for habeas corpus.The petitioner was a Russian national who was brought into the country as a secret operative of the Japanese forces. Upon liberation,he was arrested as a Japanese spy by the U.S. Army. Thereafter, the people's court ordered his release.But the Board of Commissioners of Immigration declared that he had entered the country illegally and ordered deportation.

ISSUE: Whether the petitioner being a stateless person has the right to life and liberty being provided in the Universal Declaration of Human Rights?

HELD: 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.This is being provided in "Universal Declaration of Human Rights" approved by the General Assembly of the United Nations which the Philippine is a member.The petitioner's entry into the Philippines was not unlawful; he was brought by the armed and belligerent forces of a de facto government whoose decrees were law during the occupation.The theory on which the court is given the power to act is that the wrant for his deportation, which was not executed, is functus officio and the alien is being held without anny law.

Petition is GRANTED

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