THE Supreme Court has denied a petition for the issuance of a writ of habeas corpus of one of the soldiers accused of involvement in the abduction and disappearance of University of the Philippines students Karen Empeno and Sherlyn Cadapan in 2006.
In a 16-page decision, the SC’s Third Division upheld the ruling of the Court of Appeals in July 27, 2015 and Feb. 22, 2016 dismissing the appeal of Army Staff Sergeant Edgar Osorio for the issuance of the writ for lack of merit.
“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,” stated the ruling penned by Associate Justice Marvic Leonen.
The SC disagreed with the contention of Osorio that the Malolos, Bulacan Regional Trial Court that issued the warrant against him had no jurisdiction to take cognizance of the case against him and that court martial, not civil courts, had jurisdiction to try and decide a case against a soldier on active duty.
In his appeal, Osorio insisted the Ombudsman and Sandiganbayan should have conducted the preliminary investigation and decided the kidnapping case against him since his co-accused, then Major General Jovito Palparan, had a rank higher than colonel and had a salary grade 28 at the time of the commission of the alleged offense.
However, the high court stressed that his claim lacked merit and that the Malolos RTC properly took cognizance of the kidnapping case against him.
“Republic Act 7055 (An Act Strengthening Civilian Supremacy Over the Military) provides that if the accused is a member of the Armed Forces of the Philippines and the crime involved is one punished under the Revised Penal Code, civil courts shall have authority to hear, try and decide, the case,’’ the tribunal said.
The SC held that the only time court martial might assume jurisdiction was, if before arraignment, the civil court determined that the offense was “service-oriented.”
Besides, the high court said since Osorio was charged with a crime committed in a private capacity, the Sandiganbayan could not take cognizance of the case.
Aside from Osorio and Palparan, also charged in the disappearance of Empeno and Cadapan are Lt. Colonel Felipe Anotado and Master Sergeant Rizal Hilario, who is still at large.
