975. Cudia v. PMA GR No. 211362, February 24, 2015 Such argument is not valid.
Such argument is not valid. Even without express provision of a law, the
PMA has regulatory authority to administratively dismiss erring cadets.
Topic: Quality and accessibility of educational system Further, there is a law (Commonwealth Act No. 1) authorizing the President
FACTS: to dismiss cadets. Such power by the President may be delegated to the
PMA Superintendent, who may exercise direct supervision and control over
Cudia was a member of the Philippine Military Academy. Cudia’s class had a the cadets.
lesson examination. However, after he submitted his exam paper, Cudia
made a query to their OR teacher. Said teacher, then asked Cudia to wait for Further, as stated earlier, such power by the PMA is well within its academic
her. Cudia complied and as a result, he was late for his next class. As a result freedom. Academic freedom or, to be precise, the institutional autonomy of
Cudia was meted with demerits and touring hours. On appeal, the senior universities and institutions of higher learning has been enshrined in the
tactical officer (STO) sustained the findings of the tactical officer(TO). On Constitution.
another appeal to Honor’s Committee, they affirmed the decision of STO The essential freedoms of academic freedom on the part of schools are as
with a landslide 9-0 vote. Eventually, he was dismissed from the PMA. His follows;
family forwarded the case to the CHR alleging that his rights to due process,
education and privacy of communication were violated, which in turn the right to determine who may teach;
favored Cuida. Cudia filed a petition for certiorari, prohibition, the right to determine what may be taught;
and mandamus before the Supreme Court. PMA opposed the said petition the right to determine how it shall be taught;
as it argued that the same is not proper as a matter of policy and that the the right to determine who may be admitted to study.
court should avoid interfering with military matters.
The Honor Code is just but one way for the PMA to exercise its academic
ISSUE: freedom. If it determines that a cadet violates it, then it has the right to
dismiss said cadet. In this case, based on its findings, Cudia lied – which is a
Whether or not the PMA can validly dismiss Cudia based on its findings.
violation of the Honor Code.
RULING:
But Cudia’s lie is not even that big; is dismissal from the PMA really
Petition is DENIED. The dismissal of Cadet First Class Aldrin Jeff P. Cudia warranted?
from the Philippine Military Academy is hereby AFFIRMED.
The PMA Honor Code does not distinguish between a big lie and a minor lie.
Cudia would argue that there is no law providing that a guilty finding by the It punishes any form of lying. It does not have a gradation of penalties. In
HC may be used by the PMA to dismiss or recommend the dismissal of a fact, it is the discretion of the PMA as to what penalty may be imposed.
cadet from the PMA; that Honor Code violation is not among those listed as When Cudia enrolled at PMA, he agreed to abide by the Honor Code and
justifications for the attrition of cadets considering that the Honor Code and the Honor System. Thus, while the punishment may be severe, it is
the Honor System (manner which PMA conducts investigation of Honor nevertheless reasonable and not arbitrary, and, therefore, not in violation of
Code violations) do not state that a guilty cadet is automatically terminated due process -also considering that Cudia, as a cadet, must have known all of
or dismissed from service. these.
