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In the matter of Petition for Habeas Corpus vs. Assistant State Prosecutor Navera

IN THE MATTER OF THE PETITION FOR HABEAS CORPUS, SSGT. EDGARDO L. OSORIO, PETITIONER, VS. ASSISTANT STATE PROSECUTOR JUAN PEDRO C. NAVERA; ASSISTANT STATE PROSECUTOR IRWIN A. MARAYA; ASSOCIATE PROSECUTION ATTORNEY ETHEL RHEA G. SURIL OF THE DEPARTMENT OF JUSTICE, MANILA; COLONEL ROBERT M. AREVALO, COMMANDER, HEADQUARTERS AND HEADQUARTERS SUPPORT GROUP PHILIPPINE ARMY; COLONEL ROSALIO G. POMPA, INF (GSC), PA, COMMANDING OFFICER, MP BATALLION, HHSG, PA; AND CAPTAIN TELESFORO C. BALASABAS, INF PA, AND/OR ANY AND ALL PERSONS WHO MAY HAVE ACTUAL CUSTODY OVER THE PERSON OF SSGT. EDGARDO L. OSORIO, RESPONDENTS.

G.R. No. 223272 | 2018-02-26

R E S O L U T I O N
 
LEONEN, J.:
 
Kidnapping should never be part of the functions of a soldier. It cannot be done in a soldier's official capacity. If a soldier nonetheless proceeds allegedly on the orders of a superior officer, the soldier shall be tried before the civil courts. The remedy of habeas corpus, on the argument that only courts-martial have jurisdiction over members of the Armed Forces, will not lie.

This resolves the Petition[1] for Review on Certiorari assailing the Resolutions of the Court of Appeals in CA-G.R. SP No. 141332 dated July 27, 2015[2] and February 22, 2016.[3] The Court of Appeals...