Case Digest (G.R. No. L-2852)
Facts:
- Victor A. Borovsky, a stateless individual of Russian birth, was detained by the Director of Prisons in the Philippines for deportation.
- In December 1946, the President of the Philippines ordered Borovsky's deportation after the Deportation Board's investigation labeled him an undesirable alien.
- Allegations against Borovsky included vagrancy, habitual drunkenness, espionage activities, and posing a danger to public interest.
- Borovsky was initially placed on a vessel bound for Shanghai, but Chinese authorities denied him entry due to the absence of a proper visa.
- He was returned to the Philippines and temporarily released while further deportation arrangements were made.
- When a Russian vessel arrived in Cebu, Borovsky was re-arrested for deportation, but the vessel's captain refused to take him without government permission.
- Consequently, Borovsky was confined at the New Bilibid Prisons, though not as a criminal, while the government continued efforts to deport him.
Issue:
- (Unlock)
Ruling:
- Yes, the government can detain an undesirable alien for a reasonable length of time pending arrangements for deportation.
- No, the prolonged detention of Borovsky doe...(Unlock)
Ratio:
- The court ruled that the government has the right to detain an undesirable alien for a reasonable length of time while making arrangements for deportation.
- Temporary detention is necessary for the exclusion or expulsion of undesirable aliens.
- "Reasonable time" depends on circumstances such as difficulties in obtaining a passport, availability of transportation, diplomatic arrangements, and efforts made to deport the individual.
- The court presumed the government was making genuine efforts to deport Borovsky, as indicated by assurances during oral arguments. ...continue reading
Case Digest (G.R. No. L-2852)
Facts:
Victor A. Borovsky, a stateless individual of Russian birth, sought release from the custody of the Director of Prisons in the Philippines, where he was detained for deportation. In December 1946, after a thorough investigation by the Deportation Board, the President of the Philippines ordered Borovsky's deportation, labeling him an undesirable alien. The allegations against him included vagrancy, habitual drunkenness, espionage activities, and posing a danger to public interest. Borovsky was initially placed on a vessel bound for Shanghai, but Chinese authorities denied him entry due to the absence of a proper visa, which the Chinese consulate had refused to issue. Consequently, he was returned to the Philippines. Borovsky was temporarily released while further deportation arrangements were made. When a Russian vessel later arrived in Cebu, Borovsky was re-arrested and transported there for deportation. However, the vessel's captain refused to take him, citing a lack of permission from his government. As a result, Borovsky was confined at the New Bilibid Prisons, though not as a criminal, while the government continued efforts to deport him.
Issue:
- Can the gover...