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In fact, its ratio decidendi applies with greater force to the present petition, since the right of accused to bail pending appeal of his case, as in the case of the ten Communists, depends upon the discretion of the court, whereas the right to be enlarged before formal charges are instituted is absolute. L-2852) presentada por el hoy recurrente ha sido denegada por este Tribunal en 30 de junio de 1949.As already noted, not only are there no charges pending against the petitioner, but the prospects of bringing any against him are slim and remote. Las conclusiones de hecho de dicha decision son las siguientes:"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.In his return to the writ, the Solicitor General in behalf of the respondents alleges that the Commissioner of Immigration "has availed of every opportunity presented to carry out the deportation order as shown by the fact that when the petitioner was enjoying his provisional release after the unsuccessful attempt to deport him to Shanghai, China, he was again re-arrested and flown to Cebu for the purpose of placing him on board a Russian vessel which had called at the port, with a view to carrying out the deportation order issued against him, but said deportation was not carried out for the reason that the captain of the said boat refused to take on board the herein petitioner on the ground that he had no permission from the Russian government to take on board the petitioner." It is further alleged that "the immigration officials have taken steps regarding the disposition of those foreigners subject to deportation while awaiting availability of transportation or arrangements to the place where they may be sent."In this Court’s majority decision on the first application it was observed that the applicant’s detention was temporary, and it was held 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." It took note of the fact that "this Government desires to expel the alien, and does not relish keeping him at the people’s expense . 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. All experience with litigation teaches that existence of a substantial question about a conviction implies a more than negligible risk of reversal.

Main Index Law Library Philippine Laws, Statutes & Codes Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Jurisprudence1. — Aliens illegally staying in the Philippines have no right of asylum therein (Soewapadji v. 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. If the government does succeed in arranging for petitioner’s deportation to a country that will be ready to receive him as a resident, it may then advise the petitioner to that effect and arrange for his deportation in the manner provided by law."Although not binding upon this Court as a precedent, the case aforecited offered a happy solution to the quandary in which the parties here find themselves, solution which we think is sensible, sound and compatible with law and the Constitution.

ed., 289, 290) even if they are "stateless." It is no less true however that foreign nationals, not enemy, against whom no criminal charges have been formally made or judicial order issued, may not indefinitely be kept in detention. "It seems to me that this is a genuine hardship case and that the petitioner should be released from custody on proper terms . It is no fault of the steamship company that petitioner is an inadmissible alien as the immigration officials describe him . He will be required to inform the immigration officials at Ellis Island by mail on the 15th of each month stating where he is employed and where he can be reached by mail.

2); that "Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the Constitution or by law" (Art. I am not naive enough to underestimate the troublemaking propensities of the defendants.

8); that "No one shall be subjected to arbitrary arrest, detention or exile" (Art. But, with the Department of Justice alert to the dangers, the worst they can accomplish in the short time it will take to end the litigation is preferable to the possibility of national embarrassment from a celebrated case of unjustified imprisonment of Communist leaders.

He came to the Philippines in 1936 and had resided therein ever since, if the period of his detention be included. After all, the Government is not impotent to deal with or prevent any threat by such measure as that just outlined. Justice Jackson of the United States Supreme Court in connection with the application for bail of ten Communists convicted by a lower court of advocacy of violent overthrow of the United States Government is, in principle pertinent and may be availed of at this juncture.

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