Soldier in UPLB students’ disappearance to stay in prison

The Supreme Court (SC) has junked the petition of a soldier tagged in the kidnapping and disappearance of University of the Philippines-Los Baños students Karen Empeno and Sherlyn Cadapan in 2006 to be released from prison.

In a 16-page decision released yesterday, the high court’s third division dismissed for lack of merit the petition for writ of habeas corpus of S/Sgt. Edgar Osorio.

The SC affirmed the July 2015 and February 2016 rulings of the Court of Appeals, which denied Osorio’s plea.

“S/Sgt. Osorio’s restraint has become legal... The remedy of habeas corpus is moot and academic,” the ruling penned by Associate Justice Marvic Leonen read.

The SC rejected Osorio’s argument that a Bulacan regional trial court that issued a warrant for his arrest has no jurisdiction over the case.

Osorio said the warrant should be issued by a court-martial because he is a soldier on active duty or by the Sandiganbayan, noting that his co-accused, Maj. Gen. Jovito Palparan, had a rank higher than colonel at the time the alleged offense was committed.

“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 punishable under the Revised Penal Code, civil courts shall have authority to hear, try and decide the case,” the SC said.

A court-martial may assume jurisdiction only if a civil court determines that the offense is “service-oriented,” it added.

Lt. Col. Felipe Anotado and M/Sgt. Rizal Hilario, who remains at large, are the other respondents in the case.