Judicial Review

Is a “gentlemen’s agreement” subject to the

review of the Supreme Court?
 Court's interference within military affairs
Facts:

- Cdt Cudia was held guilty by the Honor Com

- After his case went thru the administrative process in PMA, he was
recommended to be separated
- He appealed and his appeal reach the level of the President
- Since his appeal was effectively denied by the President, he filed the petition with
the SC
- Cudia then filed the petition for mandamus
 Court's interference within military affairs
Contention of the Parties
PMA’s contentions: (Respondent)

- judicial intervention would pose substantial threat to military discipline and that
there should be a deferential review of military statutes and regulations since
political branches have particular expertise and competence in assessing military
needs.
- military constitutes a specialized community governed by a separate discipline
from that of the civilian.*
- U.S. courts' respect to the military recognizes that constitutional rights may apply
differently in the military context than in civilian society^
- allowing Cadet 1 CL Cudia's case to prosper will set an institutionally dangerous
precedent opening a Pandora's box of other challenges against the specialized
system of discipline of the PMA.
 Court's interference within military affairs
Cudia’s contentions: (Petitioner)

- The SC is part of the State's check-and-balance machinery*

- judicial non-interference in military affairs is not deemed as absolute even in the
U.S. ^
- Magno v. De Villa: The SC exercised the judicial power to determine whether the
AFP and the members of the court martial acted with grave abuse of discretion in
their military investigation.
 Court's interference within military affairs
SC Ruling:

- Petitioners’ (Cudia) contentions are tenable.

- the facts as well as the legal issues in the U.S. cases cited by respondents are not
on all fours with the case of Cadet 1 CL Cudia *
- Section 1 Article VIII of the 1987 Constitution expanded the scope of judicial
power:

"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 ^ amounting to lack or excess of jurisdiction on the part of any
branch or instrumentality of the Government"
 Court's interference within military affairs
SC Ruling:

- The proceedings of the Cadet Honor Committee can, for purposes of the Due
Process Clause, be considered a governmental activity. *
- we conclude that the Cadet Honor Committee, acting not unlike a grand jury, is
clearly part of the process whereby a cadet can ultimately be adjudged to have
violated the Cadet Honor Code and be separated from the Academy.
- Therefore, the effect of the committee's procedures and determinations on the
separation process is sufficiently intertwined with the formal governmental
activity which may follow as to bring it properly under judicial review
- No one is above the law, including the military.
Case Digest Assignment
May the SC interfere in military matter i.e. Court Martial?
Magno vs De Villa
• https://www.lawphil.net/judjuris/juri1991/jul1991/gr_92606_1991.ht
ml

Aid in Making the Digest:

- Look for the part where the SC talked about “abuse of discretion”
Hierarchy of Laws
• Constitution (Fundamental)
• RA, PDs, EO issued by Pres Cory Aquino pursuant to her emergency
legislative powers
• Administrative issuance like EOs, IRRs, Circulars, etc
Parts of a case digest
Title:
Facts of the case:
Contention of the Parties:
Issue: e.g. whether the Court can interfere or review the decision of the
Cadet Honor Com.
- Whether or not the Supreme Court may interfere in military affairs
Supreme Court Ruling:
Edmodo Class Code

i8ta6v
- All cadets will be individually responsible for submitting
their requirements to the designated folders in the created
Edmodo classroom.

bongkadi@gmail.com
- Marchers will consolidate requirements and send backup
copies