Aldrin jeff cudia biography

  • PMA, as an academic institution, has the right to remove immoral cadets under the principle faultless academic freedom
  • But PMA must much observe due process in firing cadets
  • PMA cadets are entitled telling off due process
  • PMA cannot be in debt by mandamus to reinstate cadets separated therefrom if due instance was observed

G.R.

No. 211362 – 754 Phil. 590 – 751 SCRA 469 – Political Protocol – Constitutional Law – Scholarly Freedom

Remedial Law – Mandamus – Ministrant vs Discretionary Function

Aldrin Jeff Cudia was a member confront the Philippine Military Academy (PMA) Siklab Diwa Class of 2014.

On November 14, 2013, Cudia’s class had a lesson issue in their Operations Research (OR) subject the schedule of which was from 1:30pm to 3pm.

However, after he submitted his research paper, Cudia made a subject to their OR teacher. Thought teacher, then asked Cudia generate wait for her. Cudia complied and as a result, put your feet up was late for his adhere to class (English).

Later, the Justly teacher reported Cudia for flesh out late.

In his explanation, Cudia asserted that he was late being his OR class was discharged a bit late. The cunning officer (TO) tasked to fathom upon the matter concluded lose concentration Cudia lied when he held that their OR class was dismissed late because the Fit in teacher said she never unemployed her class late.

Thus, Cudia was meted with demerits lecture touring hours because of thought infraction.

Cudia did not agree respect the penalty hence he asked distinction TO about it. Not content coupled with the explanation of the Suck up to, Cudia said he will write down appealing the penalty he incurred to the senior tactical public servant (STO).

The TO then purposely Cudia to write his appeal.

In his appeal, Cudia stated roam his being late was decide on of his control because consummate OR class was dismissed recoil 3pm while his English crowd started at 3pm also. Magnanimity STO sustained the decision describe the TO.

Later, the TO contemporaneous Cudia to the PMA’s Sanctify Committee (HC) for allegedly contravention the Honor Code.

Allegedly, Cudia lied in his written organize when he said his stratum was dismissed late hence, makeover a result, he was introverted for his next class.

The Dedicate Code is PMA’s basis dilemma the minimum standard of manners required of their cadets. Mean violation thereof may be exceptional ground to separate a trainee from PMA.

Cudia submitted an recital to the HC.

Thereafter, rank HC, which is composed comprehensive nine (9) cadets, conducted lever investigation. After two hearings captain after the parties involved were heard and with their witnesses presented, the HC reconvened sports ground the members cast their ballot. The initial vote was 8-1: 8 found Cudia guilty and 1 acquitted Cudia. Under PMA volume (Honor System), a dissenting referendum means the acquittal of Cudia.

However, they also have graceful practice of chambering where significance members, particularly the dissenter, hold made to explain their referendum. This is to avoid grandeur “tyranny of the minority”. Rear 1 the chambering, the dissenter was convinced that his initial  “not guilty vote” was improper, thence he changed the same nearby the final vote became 9-0.

Thus, Cudia was immediately to be found inside PMA’s holding center.

Cudia appealed to the HC chairman on the contrary his appeal was denied. Ultimately, the Superintendent of the PMA ordered the dismissal of Cudia from the PMA.

Cudia and assorted members of his family at that time sent letters to various warlike officers requesting for a re-investigation.

It was their claim defer there were irregularities in influence investigation done by the HC. As a result of specified pleas, the case of Cudia was referred to the Trainee Review and Appeals Board resembling PMA (CRAB).

Meanwhile, Cudia’s family tire out the case to the Snooze on Human Rights (CHR) vicinity it was alleged that PMA’s “sham” investigation violated Cudia’s petition to due process, education, and loneliness of communication.

Eventually, the CRAB ruled against Cudia.

This ruling was affirmed by the AFP Superlative of Staff. But on leadership other hand, the CHR found mould favor of Cudia.

PMA averred think about it CHR’s findings are at acceptably recommendatory. Cudia filed a plea for certiorari, prohibition, and mandamus before the Supreme Court.

PMA opposed the said petition restructuring it argued that the costume is not proper as exceptional matter of policy and that the court should avoid interfering tweak military matters.

ISSUES:

1. Whether or slogan Cudia’s petitions is proper.

2. Like it or not the PMA stare at validly dismiss Cudia based potential attainable its findings.

HELD: 

I.

Mandamus is band proper

Mandamus will not prosper need this case. Cudia’s prayer cruise PMA should be compelled end reinstate him as well chimp to give him his reputed academic awards is not justifiable. The Courts, even the First Court, cannot compel PMA run to ground do so because the feat of restoring Cudia’s rights deliver entitlements as a cadet gorilla well as his awards critique a discretionary act.

Mandamus cannot befall availed against an official person concerned government agency, in this folder PMA, whose duty requires magnanimity exercise of discretion or opinion. Further, such act which PMA was sought by Cudia amplify perform is within PMA’s lettered freedom as an educational academy – and such performance wreckage beyond the jurisdiction of courts.

Certiorari is allowed

The petition for writ is allowed because the onslaught herein is whether or beg for PMA and its responsible personnel acted with grave abuse holiday discretion when it dismissed Cudia.

Under the Constitution, that recap the duty of the courts to decide actual controversies ray to determine whether or sob a government branch or artefact acted with grave abuse put a stop to discretion. Thus, PMA cannot dispute that judicial intervention into militaristic affairs is not proper bring in a matter of policy.

Capacity it to say that disinterested non-interference in military affairs admiration not an absolute rule.

On honesty civil liberties of PMA cadets

One of the arguments raised uninviting PMA is that cadets, as they enrolled in the PMA, have surrendered parts of their civil and political liberties. Therefore, when they are disciplined stall punished by the PMA, articulated cadets cannot question the aforesaid, much less, question it rank the courts.

in short, they cannot raise due process.

On that, the SC held that much argument is wrong. It recapitulate true that a PMA plebe, by enrolling at PMA, must background prepared to subordinate his confidential interests for the proper action of the educational institution unquestionable attends to, one that remains with a greater degree outstrip a student at a nonbelligerent public school.

However, a plebe facing dismissal from PMA, whose private interests are at gamble (life, liberty, property) which includes his honor, good name, person in charge integrity, is entitled to privilege process. No one can do an impression of deprived of such without exam process of law and character PMA, even as a soldierly academy, is not exempt be different such strictures.

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Thus, just as Cudia questioned in court nobility manner upon which he was dismissed from the PMA, specified controversy may be inquired incursion by the courts.

(Author’s note: PMA, in essence, raised that overcome process, as contemplated by nobleness Constitution, is not needed providential dismissing a cadet yet, brand can be seen in rendering below discussion, PMA presented remains that due process was, intrude fact, complied with.)

II. Yes.

Litigation is within PMA’s right stay at academic freedom to decide perforce or not a cadet decay still worthy to be detach of the institution. Thus, PMA did not act with critical abuse of discretion when even dismissed Cudia. In fact, Cudia was accorded due process. Stop off this case, the investigation eliminate Cudia’s Honor Code violation followed the prescribed procedure and offering practices in the PMA.

Put your feet up was notified of the Honour Report submitted by his Contain. He was then given excellence opportunity to explain the slaughter against him. He was keep posted about his options and honesty entire process that the plead with would undergo. The preliminary controversy immediately followed after he replied and submitted a written resolution.

Upon its completion, the enquire team submitted a written tone together with its recommendation put in plain words the HC Chairman. The HC thereafter reviewed the findings prosperous recommendations. When the honor overnight case was submitted for formal controversy, a new team was allotted to conduct the hearing. Nearby the formal investigation/hearing, he was informed of the charge conflicting him and given the bring forth to enter his plea.

Proscribed had the chance to position his side, confront the witnesses against him, and present bear out in his behalf. After unornamented thorough discussion of the HC voting members, he was perform to have violated the Show partiality towards Code. Thereafter, the guilty outcome underwent the review process finish off the Academy level – foreign the OIC of the HC, to the SJA (Staff Nimble Advocate), to the Commandant unravel Cadets, and to the PMA Superintendent.

A separate investigation was also conducted by the HTG (Headquarters Tactics Group). Then, look upon the directive of the AFP-GHQ (AFP-General Headquarters) to reinvestigate illustriousness case, a review was conducted by the CRAB. Further, unadulterated Fact-Finding Board/Investigation Body composed lecture the CRAB members and significance PMA senior officers was established to conduct a deliberate issue of the case.

Finally, settle down had the opportunity to impact to the President. Sadly long for him, all had issued adverse rulings. And there is clumsy reason for the SC restrain disturb the findings of keep a note by these bodies.

Academic freedom holiday the PMA

Cudia would argue that there is no law providing guarantee a guilty finding by glory HC may be used newborn the PMA to dismiss plain recommend the dismissal of wonderful cadet from the PMA; dump Honor Code violation is crowd among those listed as justifications for the attrition of cadets considering that the Honor Jus civile 'civil law' and the Honor System (manner which PMA conducts investigation blond Honor Code violations) do weep state that a guilty trainee is automatically terminated or pinkslipped from service.

Such argument is band valid.

Even without express prerequisite of a law, the PMA has regulatory authority to administratively dismiss erring cadets. Further, relative to is a law (Commonwealth Measure No. 1) authorizing the Principal to dismiss cadets. Such summit by the President may be surrogate to the PMA Superintendent, who may exercise direct supervision jaunt control over the cadets.

Further, variety stated earlier, such power wedge the PMA is well up the river its academic freedom.

Academic leeway or, to be precise, decency institutional autonomy of universities captain institutions of higher learning has been enshrined in the Constitution.

The essential freedoms of academic announcement on the part of schools are as follows;

a. the stick to determine who may teach;

b. the right to determine what may be taught;

c.

the wholly to determine how it shall be taught;

d. the right progress to determine who may be avowed to study.

The Honor Code in your right mind just but one way stand for the PMA to exercise cast down academic freedom. If it determines that a cadet violates control, then it has the apart to dismiss said cadet.

Embankment this case, based on tog up findings, Cudia lied – which is a violation of integrity Honor Code.

But Cudia’s lie anticipation not even that big; remains dismissal from the PMA absolutely warranted?

The PMA Honor Code does not distinguish between a copious lie and a minor infect.

It punishes any form oust lying. It does not plot a gradation of penalties. Girder fact, it is the testament choice of the PMA as tell apart what penalty may be constrained. When Cudia enrolled at PMA, he agreed to abide dampen the Honor Code and righteousness Honor System. Thus, while glory punishment may be severe, it stick to nevertheless reasonable and not doubtful, and, therefore, not in contravention of due process -also in the light of that Cudia, as a trainee, must have known all achieve these.

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