SC affirms judicial custody of Osorio over Cadapan, Empeño kidnapping case

MANILA, Philippines — The Supreme Court has affirmed the Court of Appeals ruling on the judicial custody of Staff Sergeant Edgardo Osorio’s detention over the kidnapping case of University of the Philippines students Karen Empeño and Shirlyn Cadapan.

The SC’s Third Division junked the Petition for Review on Certiorari filed by Osorio on CA resolutions dated July 27, 2015 and Feb. 22, 2016.

Osorio sought the CA and asked to be “produced before this Court and, ultimately, be discharged from confinement and restored to liberty.” But the CA junked the soldier’s plea due to lack of merit.

Osorio was ordered detained at the Philippine Army Custodial Center.

The soldier then elevated his case to the high tribunal, where he asserted that court-martial, and not the civil court, had jurisdiction to his case as he was an active duty soldier when the offense was allegedly committed.

He argued that kidnapping and serious illegal detention could only be committed by a private person, not by a member of the Armed Forces of the Philippines.

But the SC affirmed the Malolos City Regional Trial Court Branch 14’s jurisdiction over the case.

“Kidnapping should never be part of the functions of a soldier. It cannot be done in a soldier’s official capacity,” the ruling penned by Associate Justice Marvic Leonen read.

The high court also stressed that Osorio failed to give legal grounds of detention carried out by a public officer.

“Without these legal grounds, the public officer is deemed to have acted in a private capacity and is considered a ‘private individual,’” the SC added.

“All told, the arrest warrants against SSgt. Osorio were issued by the court that has jurisdiction over the offense charged,” the high court held.

Associate Justices Presbitero Velasco Jr., Lucas Bersamin, Samuel Martires and Alexander Gesmundo concurred with the decision.

The case stemmed from the disappearance of Cadapan and Empeño in Bulacan last 2006. The two students were conducting a research on the plight of Bulacan farmers when they went missing.

Retired Maj. Gen. Jovito Palparan is believed to be the brains behind the kidnapping.