Case #3

VICTOR BOROVSKY vs. THE COMMISSIONER OF

IMMIGRATION and THE DIRECTOR OF PRISONS
G.R. No. L-43! S"#$"%&"' !() *+*
FACTS,
Victor A. Borovsky, petitioner, claims to be a stateless citizen, born in Shanghai,
China, of Rssian parentage. !e came to the "hilippines in #$3% an& ha& resi&e&
herein ever since, if the perio& of his &etention be incl&e&.
'n (ne )*, #$*%, by or&er of the Commissioner of immigration of the "hilippines
the petitioner +as arreste& for investigation as to his past activities. A +arrant for
&eportation +as isse& by the ,eportation Boar& on the gron&s that he has been
fon& to be an n&esirable alien, a vagrant an& habital &rnkar&.
"etitioner +as &eporte& to China bt he +as not provi&e& +ith an entry visa
becase he +as not a a national of China. !e +as therefore broght back to -anila
an& +as con.ne& to the ne+ Bilibi& "rison in -ntinlpa. 'n ,ecember /, #$*0,
+as grante& provisional release by the "resi&ent throgh Secretary of (stice for a
perio& of si1 months. Before the e1piration of that perio&, the 2mmigration
&epartment rearreste& him an& broght him to Ceb for the prpose of placing him
on boar& a Rssian vessel carrying ot the &eportation or&er isse& against him.
!o+ever, sai& &eportation faile& to materialize as the captain of the ship refse& to
take him on boar& +ithot permission from the Rssian government. As sch,
petitioner +as again &etaine&. 3he 2mmigration '4cials ho+ever allege& that +hile
in &etention, they have been taking steps regar&ing the &isposition of those
foreigners sb5ect to &eportation +hile a+aiting availability of transportation or
arrangements to the place +here they may be sent.
"etitioner then .le& for a +rit of habeas corps to +hich the cort &enie& as mainly
on the gron& that sch &etention +as merely temporary. 'ver t+o years ha&
elapse& since the &ecision +as promlgate&, bt still the 6overnment ha& not fon&
+ays an& means of removing the petitioner ot of the contry. !ence this secon&
petition for +rit of habeas corps.
ISS-E,
7'8 petitioner be continosly &etaine& +ithot a .1 perio& pen&ing &eportation
HELD,
8'.
#
Aliens illegally staying in the "hilippines have no right of asylm therein
9Soe+apa&5i vs. 7i1on, Sept. #3, #$*%, #:0 ;. e&., )/$, )$<=, even if they are
>stateless,> +hich the petitioner claims to be. ;oreign nationals, not enemy, against
+hom no criminal charges have been formally ma&e or 5&icial or&er isse&, may
not in&e.nitely be kept in &etention. 3he protection against &eprivation of liberty,
+ithot &e process of la+ an& e1cept for crimes committe& against the la+s of the
lan& is not limite& to "hilippine citizens bt e1ten&s to all resi&ents, e1cept enemy
aliens, regar&less of nationality. 7hether an alien +ho entere& the contry in
violation of its immigration la+s may be &etaine& for as long as the 6overnment is
nable to &eport him, is besi&e the point an& +e nee& not &eci&e. 3here is no
allegation that the petitioner?s entry into the "hilippines +as not la+fl@ on the
contrary, the inference from the plea&ings an& the ,eportation Boar&?s .n&ings is
that he came to an& live& in this contry n&er legal permit.
-oreover, by its Constittion 9Art. 22, sec. 3= the "hilippines >a&opts the generally
accepte& principles of international la+ as part of the la+ of 8ation.> An& in a
resoltion entitle& >Aniversal ,eclaration of !man Rights> an& approve& by the
6eneral Assembly of the Anite& 8ations of +hich the "hilippines is a member, at its
plenary meeting on ,ecember #<, #$*/, the right to life an& liberty an& all other
fn&amental rights as applie& to all hman beings +ere proclaime&. lt +as there
resolve& that >All hman beings are born free an& eBal in &egree an& rights> 9Art.
#=@ that >Cveryone is entitle& to all the rights an& free&om set forth in this
,eclaration, +ithot &istinction of any kin&, sch as race, color, se1, langage,
religion, political or other opinion, nationality or social origin, property, birth, or
other stats 9Art. )= @ that >Cveryone has the right to an eDective reme&y by the
competent national tribnals for acts violating the fn&amental rights grante& him
by the Constittion or by la+> 9Art. /=@ that >8o one shall be sb5ecte& to arbitrary
arrest, &etention or e1ile> 9Art. $= etc.
)