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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
June-1949 Jurisprudence                 

  • C.A. No. 793 June 9, 1949 - MARCOS ROQUE, ET AL. v. LEONCIA SONGCO, ET AL.

    084 Phil 1

  • G.R. No. L-1408 June 11, 1949 - MARIA BAUTISTA v. JOSE B. L. REYES, ET AL.

    084 Phil 3

  • G.R. No. L-1086 June 13, 1949 - BELLA BERNARDINO, ET AL.vs. EL ARZOBISPO CATOLICO DE MANILA

    084 Phil 8

  • G.R. No. L-1081 June 14, 1949 - MARIA DE LA CRUZ v. PEDRO BUENAVENTURA, ET AL.

    084 Phil 12

  • G.R. No. L-670 June 16, 1949 - SEGUNDA SANTIAGO, ET AL. v. PABLO VALENZUELA, ET AL.

    084 Phil 14

  • G.R. No. L-1522 June 16, 1949 - EL PUEBLO DE FILIPINAS v. MARCIANO O. MERIALES

    084 Phil 18

  • G.R. No. L-1568 June 16, 1949 - PEOPLE OF THE PHIL. v. VALENTIN ERAÑA ET AL.

    084 Phil 21

  • G.R. No. L-2261 June 16, 1949 - PAMPANGA BUS CO. v. EMPLOYEES ASS’N OF THE PAMPANGA BUS CO.

    084 Phil 31

  • G.R. No. L-2428 June 20, 1949 - PEOPLE OF THE PHIL. v. ROQUE MARIQUlNA, ET AL.

    084 Phil 39

  • G.R. No. L-1855 June 22, 1949 - FELIPE C. ALVIAR, ET AL. v. SANTOS B. PAMPOLINA, ET AL.

    084 Phil 45

  • G.R. No. L-923 June 24, 1949 - PEOPLE OF THE PHIL. v. JOSE DIZON

    084 Phil 48

  • G.R. No. L-1305 June 24, 1949 - PEOPLE OF THE PHIL. v. BERNABE GALO

    084 Phil 52

  • G.R. No. L-1513 June 24, 1949 - PEOPLE OF THE PHIL. v. AKAI, ET AL.

    084 Phil 54

  • G.R. No. L-2063 June 24, 1949 - PEOPLE OF THE PHIL. v. CEFERINO BARTIQUIN

    084 Phil 59

  • G.R. No. L-2137 June 24, 1949 - PEOPLE OF THE PHIL. v. MAMILLANO GRIAR

    084 Phil 64

  • G.R. No. L-2949 June 24, 1949 - ROBERT L. WEADOCK, ET AL., v. MACARIO OFILADA, ET AL.

    084 Phil 68

  • G.R. No. L-565 June 27, 1949 - PEOPLE OF THE PHIL. v. ROQUE BADILI

    084 Phil 71

  • G.R. No. L-1080 June 27, 1949 - PEOPLE OF THE PHIL. v. JOSE JAVIER ALMODOVAR

    084 Phil 76

  • G.R. No. L-1373 June 27, 1949 - PEOPLE OF THE PHIL. v. EUFRONIO VISAGAR

    084 Phil 84

  • G.R. Nos. L-1604, L-1712 & L-1713 June 27, 1949 - PEOPLE OF THE PHIL. v. SERVILLANO FALTADO, ET AL.

    084 Phil 89

  • G.R. Nos. L-1820-21 June 27, 1949 - PEOPLE OF THE PHIL. v. PAULO SANTOS, ET AL.

    084 Phil 97

  • G.R. No. L-2012 June 27, 1949 - PEOPLE OF THE PHIL. v. SOFRONIO GAJO, ET AL.

    084 Phil 107

  • G.R. No. L-547 June 28, 1949 - PEOPLE OF THE PHIL. v. JOSE DE CASTRO

    084 Phil 118

  • G.R. No. L-1006 June 28, 1949 - PEOPLE OF THE PHIL. v. FILEMON ESCLETO

    084 Phil 121

  • G.R. No. L-1716 June 28, 1949 - MATERIAL DISTRIBUTORS (PHIL.) , ET AL. v. FELIPE NATIVIDAD, ET AL.

    084 Phil 127

  • G.R. No. L-2427 June 28, 1949 - PEOPLE OF THE PHIL. v. ANATALIO SALIENTE, ET AL.

    084 Phil 136

  • C.A. No. 8037 June 28, 1949 - DIRECTOR OF LANDS, ET AL. v. MAXIMIANO P. MARTIN, ET AL.

    084 Phil 140

  • G.R. No. L-1794 June 30, 1949 - PEOPLE OF THE PHIL. v. VENERANDO VIERNES, ET AL.

    084 Phil 144

  • G.R. No. L-1797 June 30, 1949 - PEOPLE OF THE PHIL. v. RAFAEL MENDOZA, ET AL.

    084 Phil 148

  • G.R. No. L-2443 June 30, 1949 - PEOPLE OF THE PHIL. v. JOSE L. DEMETRIO, ET AL.

    084 Phil 153

  • G.R. No. L-2852 June 30, 1949 - VICTOR A. BOROVSKY v. COMM. OF IMMIGRATION, ET AL.

    084 Phil 161

  • G.R. No. L-48494 June 30, 1949 - BANQUE GENERALE BELGE, ET AL. v. WALTER BULL & CO., INC., ET AL.

    084 Phil 164

  •  





     
     

    G.R. No. L-2852   June 30, 1949 - VICTOR A. BOROVSKY v. COMM. OF IMMIGRATION, ET AL. <br /><br />084 Phil 161

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. No. L-2852. June 30, 1949.]

    VICTOR A. BOROVSKY, Petitioner, v. THE COMMISSIONER OF IMMIGRATION and THE DIRECTOR OF PRISONS, Respondents.

    The petitioner in his own behalf.

    First Assistant Solicitor General Roberto A. Gianzon and Solicitor Lucas Lacson for Respondents.

    SYLLABUS


    1. ALIEN; DEPORTATION; RIGHT OF GOVERNMENT TO DETAIN ALIEN FOR REASONABLE LENGTH OF TIME. — Pending arrangements for his deportation, the Government has the right to hold the undesirable alien under confinement for a reasonable length of time.

    2. ID.; ID.; HABEAS CORPUS; UNLESS THE ALIEN CANNOT BE DEPORTED OR IS BEING INDEFINITELY IMPRISONED, WRIT WILL NOT ISSUE. — Unless it is shown that the deportee is being indefinitely imprisoned under the pretense of awaiting a chance for deportation or unless the Government admits that it cannot deport him or unless the detainee is being held for too long a period, courts will not interfere.


    D E C I S I O N


    BENGZON, J.:


    Victor A. Borovsky, a stateless citizen though a Russian by birth according to his allegations, prays for release from the custody of the Director of Prisons, who holds him for purposes of deportation.

    In December, 1946, the President of the Philippines ordered petitioner’s deportation as undesirable alien, after a proper investigation by the Deportation Board upon charges of being a vagrant and habitual drunkard, engaged in espionage activities, whose presence and conduct endangered the public interest. Pursuant to such order, Borovsky was placed aboard a vessel bound for Shanghai; but the authorities there declined to admit him for lack of the proper visa, which the Chinese consulate in this country had refused to give. Wherefore he was brought back to the Philippines. Thereafter he was temporarily released pending further arrangements for his banishment. And when subsequently a Russian boat called at Cebu, Borovsky was re- arrested and transported to Cebu for deportation; however, the captain of the boat declined to take him, explaining he had no permission from his government to do so. Wherefore the petitioner is now confined in the premises of the New Bilibid Prisons — not exactly as a prisoner — while the Government is exerting efforts to ship him to a foreign country.

    There is no question as to the validity of the deportation decree. It must be admitted that temporary detention is a necessary step in the process of exclusion or expulsion of undesirable aliens and that pending arrangements for his deportation, the Government has the right to hold the undesirable alien under confinement for a reasonable length of time. However, under established precedents, too long a detention may justify the issuance of a writ of habeas corpus. 1

    The meaning of "reasonable time" depends upon the circumstances, specially the difficulties of obtaining a passport, the availability of transportation, the diplomatic arrangements with the governments concerned and the efforts displayed to send the deportee away. 2 Considering that this Government desires to expel the alien, and does not relish keeping him at the people’s expense, we must presume it is making efforts to carry out the decree of exclusion by the highest officer of the land. On top of this presumption assurances were made during the oral argument that the Government is really trying to expedite the expulsion of this petitioner. On the other hand, the record fails to show how long he has been under confinement since the last time he was apprehended. Neither does he indicate neglected opportunities to send him abroad. And unless it is shown that the deportee is being indefinitely imprisoned under the pretense of awaiting a chance for deportation 3 or unless the Government admits that it cannot deport him 4 or unless the detainee is being held for too long a period our courts will not interfere.

    In the United States there were at least two instances in which courts fixed a time limit within which the imprisoned aliens should be deported 5 otherwise their release would be ordered by writ of habeas corpus. Nevertheless, supposing such precedents apply in this jurisdiction, still we have no sufficient data fairly to fix a definite deadline. Petition denied. No costs.

    Moran, C.J., Ozaeta, Montemayor and Reyes, JJ., concur.

    Separate Opinions


    ORAN, C.J. :chanrob1es virtual 1aw library

    I hereby certify that Mr. Justice Pablo voted to deny the petition.

    PARAS, J., dissenting:chanrob1es virtual 1aw library

    I agree to a temporary detention of a person to be deported, but said detention must be for a reasonable length of time. In this particular case, the deportation order was issued in 1946. If the Government is unable to carry out said order within a reasonable period, it should in the meantime release the petitioner, unless he has committed a crime, in which case the law should take its due course. The theory that the detention of a person is to prevent the commission of a crime, is more in consonance with the idea of concentrating suspected or would-be criminal. In a democracy, however, every person is entitled to freedom, subject to arrest only for actual commission of a crime. At most, I can agree to a further detention of the herein petitioner, provided that he be released if after six months, the Government is still unable to deport him.

    TUASON, J.:


    I concur in this dissenting opinion except that two months constitute, in my judgment, reasonable time.

    FERIA, J.:


    I dissent from the majority. The Government cannot indefinitely detain the petitioner until it may deport the petitioner, without violating the right of the petitioner not to be deprived of his liberty without due process of law.

    Endnotes:



    1. Wong Wing v. U. S., 163 U. S., 228; Administrative Control of Aliens by Van Vleck p. 184, citing Chumura v. Smith, 29 Fed. (2d), 287, and Ex parte Mathews, 277 Fed., 857.

    2. Cf. Clark, Deportation of Aliens p. 423; Van Vleck op. cit. p. 183 et seq. Ross v. Wallis, 279 Fed., 401.

    3. Ross v. Wallis, supra.

    4. Bonder v. Johnson, 5 Fed. (2d), 238.

    5. Two months, Caranica v. Nagle, 28 Fed. (2d), 955; four months, Ross v. Wallis, supra.

    G.R. No. L-2852   June 30, 1949 - VICTOR A. BOROVSKY v. COMM. OF IMMIGRATION, ET AL. <br /><br />084 Phil 161


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