Cudia v PMA (Digest)

Digest Author: Cecille Mangaser  First Class Cadet Aldrin Jeff Cudia v. The Superintendent of the Philippine Military Academy GR Number 211362 Petition: Petition for Mandamus Petitioner: irst Class Cadet Aldrin !eff P" Cudia #he (onor Committee of Respondent: #he $u%erintendent of the Phili%%ine Militar& Academ&' #he 2)1* of the PMA and (C members' and the Cade t Re+ie, and A%%eals -oard .CRA-/ Ponente: Peralta' !" Date: ebruar& 2*' 2)1* Facts: Petitioner' Cadet irst Class Cudia' ,as a member of the $i0lab Di,a Class of 2)1* of the Phili%%ine Militar& Academ&" (e ,as su%%osed to graduate ,ith honors as the class salutatorian' recei+e the Phili%%ine Na+& $aber as the to% Na+& Cadet graduate and be commissioned as an ensign of the Na+&"

Petitioner Petitioner ,as issued a Delinuenc& Delinuenc& Re%ort .DR/ because he was late for two minutes in his  ENG 412 class' class' other cadets ,ere also re%orted late for  minutes" #he DRs reached the De%artment of #actical fficers and ,ere logged and transmitted to the Com%an& of #actical fficers .#C/ for e4%lanation" Cudia incurred the %enalt& of 11 demerits and 13 touring ho urs" $e+eral da&s after' Cudia ,as re%orted to the (onor Committee .(C/ %er +iolation of the (onor  Code" Lying Code" Lying that is giving statements that perverts the truth in his written appeal stating that his 4th period class ended at 3:00 that made him late for the succeeding succeed ing class" class" Cudia submitted his letter of e4%lanation on the honor re%ort" #he (C constituted a team to conduct the %reliminar& %reliminar& in+estigati in+estigation on on the +iolation' +iolation' it recommended the case be formali5ed" formali5ed" Cudia %leaded not guilt&" #he result ,as 71 guilt& +erdict and u%on the order of the Chairman' the (C recon+ened in the chambers' after' the Presiding fficer announced a 87) guilt& +erdict" #he (C denied Cudia9s a%%eal" #he (eaduarters #actics Grou% .(#G/ conducted a formal re+ie, and chec0ing of findings" $%ecial orders ,ere issued %lacing Cudia on indefinite lea+e of  absence and %ending a%%ro+al of se%aration from the Armed orces of the Phili%%ines" Cudia submitted a letter to the ffice of the Commandant of Cadets reuesting his re7instatement" #he matter ,as referred to Cadet Re+ie, and A%%eals -oard .CRA-/ and it u%held the decision" Cudia ,rote a letter letter to President Auino Auino but the President President sustained sustained the findings findings of the CRA-" C(R7CAR issued a resolution finding %robable cause for (uman Rights iolations" ssue: 1" ;hether ;hether or not the PMA committed committed gra+e abuse abuse of discretio discretion n in dismissing dismissing Cudia Cudia in utter  disregard of his right to due %rocess and in holding that he +iolated the (onor Code through l&ing" 2" ;hether ;hether or not the court court can interf interfere ere ,ith ,ith militar& militar& affair affairss

Digest Author: Cecille Mangaser  Rulin!: 1" No" #he determi determinati nation on of ,hethe ,hetherr the PMA cade cadett has rights rights to due %rocess' %rocess' educat education ion'' and %ro%ert& should be %laced in the conte4t of the (onor Code" All the administrati+e reme remedi dies es ,ere ,ere e4ha e4haus uste ted" d" A stude student nt of a mili milita tar& r& academ academ& & must must be %re%a %re%are red d to subordinate his %ri+ate interest for the %ro%er functioning of the institution" #he PMA ma& im%ose disci%linar& measures and %unishments as it deems fit and consistent ,ith the %eculiar needs of the institution" PMA has re!ulatory authority to administratively dismiss errin! cadets " PMA has a right to in+o0e academic freedom in the enforcement of the internal rules and regulations" 2"