Title
Borovsky vs. Commissioner of Immigration
Case
G.R. No. L-2852
Decision Date
Jun 30, 1949
A stateless Russian citizen seeks release from custody as an undesirable alien, but the court rules in favor of the government, stating that they have the right to detain him for a reasonable length of time until arrangements for deportation can be made.
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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

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