- Petitioner
- Osorio
- Respondent
- Justice
- Citation
- G.R. No. 223272
- Court
- Supreme Court
- Division
- Third Division
- Ponente
- LEONEN
- Decided
- February 26, 2018
Summary
SSgt. Edgardo L. Osorio challenged his detention through habeas corpus after being charged with kidnapping two UP students along with Major General Palparan. The Supreme Court denied his petition, ruling that habeas corpus is not the proper remedy when detention is under valid court process. The Court clarified that under RA 7055, military personnel charged with non-service-connected crimes under the Revised Penal Code must be tried by civil courts, not courts-martial. Kidnapping is not among the service-connected offenses listed in the Articles of War. The Court emphasized that public officers who detain persons without legal authority act in private capacity and can be charged with kidnapping. Since SSgt. Osorio's restraint was legal under valid judicial process, his proper remedy was to file a motion to quash, not habeas corpus. The decision reinforces civilian court jurisdiction over military personnel for ordinary crimes and clarifies the limited scope of habeas corpus as a remedy.