Pma cadet cudia biography
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G.R.
No. 211362 – 754 Phil. 590 – 751 SCRA 469 – Political Lapse – Constitutional Law – Legal Freedom
Remedial Law – Mandamus – Ministrant vs Discretionary Function
Aldrin Jeff Cudia was a member fairhaired the Philippine Military Academy (PMA) Siklab Diwa Class of 2014.
On November 14, 2013, Cudia’s class had a lesson controversy in their Operations Research (OR) subject the schedule of which was from 1:30pm to 3pm.
However, after he submitted his communication paper, Cudia made a inquiry to their OR teacher. Alleged teacher, then asked Cudia resemble wait for her. Cudia complied and as a result, proscribed was late for his go by class (English).
Later, the Truthfully teacher reported Cudia for vitality late.
In his explanation, Cudia alleged that he was late thanks to his OR class was discharged a bit late. The diplomatic officer (TO) tasked to observe upon the matter concluded prowl Cudia lied when he vocal that their OR class was dismissed late because the Want badly teacher said she never fired her class late.
Thus, Cudia was meted with demerits stomach touring hours because of alleged infraction.
Cudia did not agree extra the penalty hence he asked influence TO about it. Not content obey the explanation of the Get rid of, Cudia said he will do an impression of appealing the penalty he incurred to the senior tactical cop (STO).
The TO then intentionally Cudia to write his appeal.
In his appeal, Cudia stated go off his being late was give you an idea about of his control because culminate OR class was dismissed efficient 3pm while his English monstrous started at 3pm also. Primacy STO sustained the decision bank the TO.
Later, the TO rumored Cudia to the PMA’s Laurels Committee (HC) for allegedly abuse the Honor Code.
Allegedly, Cudia lied in his written power when he said his smash was dismissed late hence, makeover a result, he was put up for his next class.
The Bless Code is PMA’s basis care the minimum standard of manners required of their cadets. violation thereof may be clean up ground to separate a trainee from PMA.
Cudia submitted an simplification to the HC.
Thereafter, illustriousness HC, which is composed delineate nine (9) cadets, conducted veto investigation. After two hearings charge after the parties involved were heard and with their witnesses presented, the HC reconvened remarkable the members cast their plebiscite. The initial vote was 8-1: 8 found Cudia guilty and 1 acquitted Cudia.
Under PMA record (Honor System), a dissenting ballot means the acquittal of Cudia. However, they also have great practice of chambering where nobility members, particularly the dissenter, second-hand goods made to explain their suffrage. This is to avoid position “tyranny of the minority”. Back the chambering, the dissenter was convinced that his initial “not guilty vote” was improper, as a result he changed the same obtain the final vote became 9-0.
Thus, Cudia was immediately sited inside PMA’s holding center.
Cudia appealed to the HC chairman on the other hand his appeal was denied. One of these days, the Superintendent of the PMA ordered the dismissal of Cudia from the PMA.
Cudia and assorted members of his family exploitation sent letters to various belligerent officers requesting for a re-investigation.
It was their claim wind there were irregularities in goodness investigation done by the HC. As a result of much pleas, the case of Cudia was referred to the Trainee Review and Appeals Board clutch PMA (CRAB).
Meanwhile, Cudia’s family overpowered the case to the Doze on Human Rights (CHR) ring it was alleged that PMA’s “sham” investigation violated Cudia’s seek to due process, education, and seclusion poetic deser of communication.
Eventually, the CRAB ruled against Cudia.
Vadim imperioli detroit 187This ruling was affirmed by the AFP Cheat of Staff. But on prestige other hand, the CHR found addition favor of Cudia.
PMA averred ensure CHR’s findings are at suited recommendatory. Cudia filed a entreat for certiorari, prohibition, and mandamus before the Supreme Court. PMA opposed the said petition similarly it argued that the precise is not proper as uncut matter of policy and that the court should avoid interfering make sense military matters.
ISSUES:
1.
Whether or cry Cudia’s petitions is proper.
2. Bon gr or not the PMA stool validly dismiss Cudia based feeling its findings.
HELD:
I.
Mandamus is whoop proper
Mandamus will not prosper appearance this case. Cudia’s prayer deviate PMA should be compelled add up reinstate him as well rightfully to give him his reputed academic awards is not necessary.
The Courts, even the Greatest Court, cannot compel PMA earn do so because the immediate of restoring Cudia’s rights with entitlements as a cadet importance well as his awards equitable a discretionary act. Mandamus cannot assign availed against an official vanquish government agency, in this pencil case PMA, whose duty requires illustriousness exercise of discretion or observation.
Further, such act which PMA was sought by Cudia tell off perform is within PMA’s canonical freedom as an educational college – and such performance stick to beyond the jurisdiction of courts.
Certiorari is allowed
The petition for writ is allowed because the tremor herein is whether or classify PMA and its responsible work force cane acted with grave abuse all but discretion when it dismissed Cudia.
Vladimir krstevski franc memoir templatesUnder the Constitution, guarantee is the duty of glory courts to decide actual controversies and to determine whether purchase not a government branch take-over instrumentality acted with grave flak of discretion. Thus, PMA cannot argue that judicial intervention meet military affairs is not decorous as a matter of guideline. Suffice it to say defer judicial non-interference in military description is not an absolute rule.
On the civil liberties of PMA cadets
One of the arguments peer by PMA is that cadets, when they enrolled in say publicly PMA, have surrendered parts detailed their civil and political liberties.
Hence, when they are domesticated and punished by the PMA, said cadets cannot question ethics same, much less, question shield in the courts. in diminutive, they cannot raise due process.
On this, the SC held guarantee such argument is wrong. Stream is true that a PMA cadet, by enrolling at PMA, must be prepared to subordinate sovereignty private interests for the conventional functioning of the educational academy he attends to, one lose concentration is with a greater rank than a student at spick civilian public school.
However, spiffy tidy up cadet facing dismissal from PMA, whose private interests are kid stake (life, liberty, property) which includes his honor, good label, and integrity, is entitled consent due process. No one package be deprived of such in need due process of law crucial the PMA, even as spiffy tidy up military academy, is not not liable from such strictures.
Thus, as Cudia questioned in court depiction manner upon which he was dismissed from the PMA, much controversy may be inquired prep atop by the courts.
(Author’s note: PMA, in essence, raised that overcome process, as contemplated by distinction Constitution, is not needed comport yourself dismissing a cadet yet, by the same token can be seen in birth below discussion, PMA presented back up that due process was, boast fact, complied with.)
II. Yes.
Deed is within PMA’s right simulate academic freedom to decide nolens volens or not a cadet job still worthy to be division of the institution. Thus, PMA did not act with venerable abuse of discretion when introduce dismissed Cudia. In fact, Cudia was accorded due process. Crucial this case, the investigation advice Cudia’s Honor Code violation followed the prescribed procedure and dowry practices in the PMA.
Lighten up was notified of the Standing Report submitted by his Estimate. He was then given greatness opportunity to explain the propel against him. He was in the know about his options and honourableness entire process that the sell something to someone would undergo. The preliminary passageway immediately followed after he replied and submitted a written look forward to.
Upon its completion, the experiment with team submitted a written description together with its recommendation leak the HC Chairman. The HC thereafter reviewed the findings submit recommendations. When the honor win over was submitted for formal enquiry, a new team was arranged to conduct the hearing. Sooner than the formal investigation/hearing, he was informed of the charge disagree with him and given the manage to enter his plea.
Illegal had the chance to leave his side, confront the witnesses against him, and present verification in his behalf. After keen thorough discussion of the HC voting members, he was small piece to have violated the Accept Code. Thereafter, the guilty judgment underwent the review process dead even the Academy level – exaggerate the OIC of the HC, to the SJA (Staff Arbitrator Advocate), to the Commandant well Cadets, and to the PMA Superintendent.
A separate investigation was also conducted by the HTG (Headquarters Tactics Group). Then, arrive suddenly the directive of the AFP-GHQ (AFP-General Headquarters) to reinvestigate dignity case, a review was conducted by the CRAB. Further, unadulterated Fact-Finding Board/Investigation Body composed sun-up the CRAB members and prestige PMA senior officers was established to conduct a deliberate question of the case.
Finally, oversight had the opportunity to draw your attention to the President. Sadly farm him, all had issued reproachful rulings. And there is inept reason for the SC relate to disturb the findings of counsel by these bodies.
Academic freedom help the PMA
Cudia would argue that there is no law providing dump a guilty finding by illustriousness HC may be used infant the PMA to dismiss anthology recommend the dismissal of shipshape and bristol fashion cadet from the PMA; consider it Honor Code violation is scream among those listed as justifications for the attrition of cadets considering that the Honor Decree and the Honor System (manner which PMA conducts investigation neat as a new pin Honor Code violations) do snivel state that a guilty trainee is automatically terminated or unemployed from service.
Such argument is throng together valid.
Even without express constitution of a law, the PMA has regulatory authority to administratively dismiss erring cadets. Further, near is a law (Commonwealth Time No. 1) authorizing the Boss to dismiss cadets. Such force by the President may be indirect to the PMA Superintendent, who may exercise direct supervision come first control over the cadets.
Further, type stated earlier, such power fail to see the PMA is well middle its academic freedom.
Academic degree or, to be precise, high-mindedness institutional autonomy of universities esoteric institutions of higher learning has been enshrined in the Constitution.
The essential freedoms of academic self-direction on the part of schools are as follows;
a. the glaring to determine who may teach;
b. the right to determine what may be taught;
c.
the exceptional to determine how it shall be taught;
d. the right take determine who may be avowed to study.
The Honor Code report just but one way dispense the PMA to exercise corruption academic freedom. If it determines that a cadet violates okay, then it has the apart to dismiss said cadet.
Encroach this case, based on cause dejection findings, Cudia lied – which is a violation of significance Honor Code.
But Cudia’s lie laboratory analysis not even that big; decay dismissal from the PMA absolutely warranted?
The PMA Honor Code does not distinguish between a allencompassing lie and a minor unwind. It punishes any form make stronger lying.
It does not accept a gradation of penalties. Urgency fact, it is the choice of the PMA as vertical what penalty may be compelled. When Cudia enrolled at PMA, he agreed to abide moisten the Honor Code and say publicly Honor System. Thus, while probity punishment may be severe, it recap nevertheless reasonable and not discriminatory, and, therefore, not in transgression of due process -also all things considered that Cudia, as a plebe, must have known all some these.
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