First Class Cadet Aldrin Jeff Cudia v.

The Superintendent of the Philippine Military Academy

GR No. 211362

Petition: Petition for Mandamus

Petitioner: First Class Cadet Aldrin Jeff P. Cudia
Respondent: The Superintendent of the Philippine Military Academy, The Honor Committee of 2014 of the PMA and HC
members, and the Cadet Review and Appeals Board (CRAB)
Ponente: Peralta, J.
Date: February 24, 2015

Facts:
Petitioner, Cadet First Class Cudia, was a member of the Siklab Diwa Class of 2014 of the Philippine Military Academy. He
was supposed to graduate with honors as the class salutatorian, receive the Philippine Navy Saber as the top Navy Cadet
graduate and be commissioned as an ensign of the Navy.

Petitioner was issued a Delinquency Report (DR) because he was late for two minutes in his ENG 412 class, other cadets
were also reported late for 5 minutes. The DRs reached the Department of Tactical Officers and were logged and
transmitted to the Company of Tactical Officers (TCO) for explanation. Cudia incurred the penalty of 11 demerits and 13
touring hours.

Several days after, Cudia was reported to the Honor Committee (HC) per violation of the Honor 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 class.

Cudia submitted his letter of explanation on the honor report. The HC constituted a team to conduct the preliminary
investigation on the violation, it recommended the case be formalized. Cudia pleaded not guilty. The result was 8-1 guilty
verdict and upon the order of the Chairman, the HC reconvened in the chambers, after, the Presiding Officer announced
a 9-0 guilty verdict.

The HC denied Cudia’s appeal. The Headquarters Tactics Group (HTG) conducted a formal review and checking of
findings. Special orders were issued placing Cudia on indefinite leave of absence and pending approval of separation
from the Armed Forces of the Philippines. Cudia submitted a letter to the Office of the Commandant of Cadets
requesting his re-instatement. The matter was referred to Cadet Review and Appeals Board (CRAB) and it upheld the
decision.

Cudia wrote a letter to President Aquino but the President sustained the findings of the CRAB. CHR-CAR issued a
resolution finding probable cause for Human Rights Violations.

Issue:
1. Whether or not the PMA committed grave abuse of discretion in dismissing Cudia in utter disregard of his right
to due process and in holding that he violated the Honor Code through lying.
2. Whether or not the court can interfere with military affairs

Ruling:
1. No. The determination of whether the PMA cadet has rights to due process, education, and property should be
placed in the context of the Honor Code. All the administrative remedies were exhausted. A student of a
military academy must be prepared to subordinate his private interest for the proper functioning of the
institution. The PMA may impose disciplinary measures and punishments as it deems fit and consistent with the
peculiar needs of the institution. PMA has regulatory authority to administratively dismiss erring cadets. PMA
has a right to invoke academic freedom in the enforcement of the internal rules and regulations.

2. Yes. The court is part of the checks-and-balance machinery mandated by Article VIII of the Constitution. The
court’s mandate (according to Section 1, Article 8) is expanded that the duty of the courts is not only to “settle
actual controversies involving rights which are legally demandable and enforceable” but also “to determine
whether or not there has been a grave abuse of discretion on the part of any branch or instrumentality of the
 Government” even if the latter does not exercise judicial, quasi-judicial, or ministerial functions. No one is
above the law, including the military, especially in violations of Constitutionally guaranteed rights.

Dispositive:
The petition is denied. The dismissal of Cudia from PMA is affirmed.