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SC junks habeas corpus plea of soldier charged in Cadapan, Empeño case


The Supreme Court (SC) has affirmed the Court of Appeals (CA) decision denying the bid for liberty of a soldier charged in connection with the kidnapping of University of the Philippines students Karen Empeño and Sherlyn Cadapan in 2006.

In a 15-page ruling penned by Associate Justice Marvic Leonen, the SC Third Division junked Staff Sergeant Edgardo Osorio's petition for review on certiorari on the appellate court's July 27, 2015 and Feb. 22, 2016 rulings turning down his petition for the issuance of a writ of habeas corpus.

“All told, the arrest warrants issued against SSgt. Osorio were issued by the court that has jurisdiction over the offense charged. SSgt. Osorio’s restraint has become legal; hence, the remedy of habeas corpus is already moot and academic,”the SC said.

The writ for habeas corpus, according to the Rules of Court, extends to "all cases of illegal confinement or detention by which any person is deprived of his liberty." 

Osorio, appealing the CA's decision against him, argued before the SC that he was being "illegally deprived of his liberty because he was charged with an 'inexistent offense.'"

The staff sergeant was tagged in the disappearance of Empeño and Cadapan from a rented house in Barangay San Miguel, Hagonoy, Bulacan on June 26, 2006. Retired Major General Jovito Palparan is alleged to be behind the abduction.

Osorio contended that only courts-martial, and not civil courts, could hear, try, and decide criminal cases against him given he was a soldier on active duty when the alleged crime took place.

He also said the Ombudsman and Sandiganbayan and not the Department of Justice or the Regional Trial Court (RTC) have jurisdiction over his case because Palparan, one of his co-accused, was an Army officer — a major general — with a salary grade of 28.

But the SC division said Osorio's petition "must be denied."

For one, the staff sergeant's claim that the Malolos City RTC Branch 14 had no jurisdiction over the kidnapping case against him "lacks merit," the SC said.

Citing Republic Act No. 7055, the SC said courts-martial can only assume jurisdiction over cases involving members of the Armed Forces if the alleged offense is "service-connected."

"Contrary to Ssgt. Osorio's claim, the offense he committed was not service-connected," the SC said.

"Kidnapping should never be part of the functions of a soldier. It cannot be done in a soldier's official capacity. If a soldier nonetheless proceeds allegedly on the orders of a superior officer, the soldier shall be tried before the civil courts," Leonen wrote.

"The remedy of habeas corpus, on the argument that only courts-martial have jurisdiction over members of the Armed Forces, will not lie."

The SC also said the Sandiganbayan cannot take cognizance of the case against Osorio, because the anti-graft court has jurisdiction over offenses "committed by public officers in relation to their offices."

The decision had concurrences from Associate Justices Presbitero Velasco Jr., Lucas Bersamin, Samuel Martires and Alexander Gesmundo. — MDM, GMA News

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