DUE PROCESS OF LAW

9. Cudia v. Superintendent of the PMA

(G.R. No. 211362, February 24, 2015)

FACTS:
Cadet 1 CL Cudia was a member of Siklab Diwa Class of 2014 of the PMA, the country's
premiere military academy located at Fort Gregorio del Pilar in Baguio City. He belonged to the "A"
Company and was the Deputy Baron of his class. 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 Philippine Navy.
Petitioner was issued a Delinquency Report (DR) because he was late for two minutes in hi ENG
412 class. The DR reached the Department of Tactical Officers and were logged and transmitted to the
Company of Tactical Officers (CTO) for explanation. Cudia incurred a penalty of 11 demerits and 13
touring hours.
Several days after, petitioner was reported to the Honor Committee (HC for violation of the
Honor Code. It was alleged that Cadet Cudia violated the first tenet of the said Code by providing
untruthful statements in the explanation for his tardiness. Cudia submitted hi letter of explanation to on
the honor report. The HC constituted a team to conduct the preliminary investigation on the violation and
recommended that the case be formalized. Cudia pleaded not guilty. The result was an 8-1 guilty verdict
and upon order of the Chairman, the HC reconvened in the chambers, after which the presiding officer
announced a 9-0 guilty verdict.
Cudia appealed to the HC, but was denied. The Headquarters Tactics Group (HTG) conducted a
formal review of the case. Special orders were issued placing petitioner on indefinite leave of absence and
pending approval of separation from the PMA and the AFP. Cudia submitted a letter to the Office of the
Commandants of Cadets requesting his reinstatement. The matter was referred to the 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 CRAB. Meanwhile, the Commission on Human Rights-Cordillera
Administrative Region issued a resolution finding probable cause for human rights violations regarding
petitioner’s case.

ISSUE: Whether of not the PMA committed grave abuse of discretion in dismissing Cudia in disregard
of his right to due process and in holding that he violated the Honor Code by lying.

HELD: 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. 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 in the enforcement of the internal rules and
regulations.
All the administrative remedies were exhausted. In this case, the investigation of Cadet 1CL
Cudia’s Honor Code violation followed the prescribed procedure and existing practices in the PMA. From
notification of the Honor Report from Maj. Hindang to his opportunity to appeal to the President, he was
given the opportunity to explain the report against him and he was informed about his options and the
entire process that the case would undergo. Sadly for him, all had issued unfavorable rulings.