G.R. No. 223272 - Osorio vs. Navera

Staff Sergeant Edgardo L. Osorio (SSgt. Osorio), an active-duty soldier, was charged by Informations filed before Branch 14, Regional Trial Court (RTC) Malolos City, with kidnapping and serious illegal detention of University of the Philippines students Karen E. EmpeAo (Crim. Case No. 3905-M-2011) and Sherlyn T. Cadapan (Crim. Case No. 3906-M-2011), alleged to have occurred on June 26, 2006.
Warrants of arrest were issued on December 19, 2011; he was arrested on December 20, 2011 by the AFP Provost Marshall, detained initially at Bulacan Provincial Jail, then transferred to the Philippine Army Custodial Center in Fort Bonifacio, Taguig City.

On July 21, 2015, SSgt. Osorio filed a Petition for Writ of Habeas Corpus in the Court of Appeals, impleading the RTC judge, DOJ prosecutors, and his military superiors as respondents. He contended that only courts-martial, or in the alternative the Ombudsman/Sandiganbayan, had jurisdiction; that kidnapping under Article 267 of the Revised Penal Code (RPC) could not apply to a public officer; and that he was deprived of due process.
By Resolution dated July 27, 2015, the Court of Appeals denied the petition, finding his confinement “by virtue of a valid judicial process.” His Motion for Reconsideration was likewise denied on February 22, 2016.

On April 20, 2016, SSgt. Osorio filed a Petition for Review on Certiorari under Rule 45 of the Rules of Court, challenging the CA resolutions and reiterating his jurisdictional and substantive defenses.
The Solicitor General filed a Comment opposing the petition, asserting that RTC Malolos had proper jurisdiction under Republic Act No. 7055 and that habeas corpus was not the appropriate remedy.

Whether a writ of habeas corpus is the proper remedy to challenge SSgt. Osorio’s detention under a valid civil court process.

Whether a civil court may take cognizance of a criminal case against an active-duty soldier for a non-service-connected offense under Republic Act No. 7055.
Whether a public officer may be charged with kidnapping and serious illegal detention under Article 267 of the RPC, which refers to “any private individual.”