It's final: SC affirms dismissal of PMA Cadet Cudia 

BAGUIO CITY -- The Supreme Court has ruled with finality to deny dismissed Philippine Military Academy cadet Jeff Aldrin Cudia's petition contesting his dismissal from the military school.
 

This, after the high tribunal sitting en banc in its annual summer session junked Cudia's motion for reconsideration seeking to reverse its February ruling finding him guilty of "quibbling" which constitutes "lying," when he explained that he and his previous "class" were "dismissed" a bit late, causing his tardiness for his next class.

"The court has denied petitioner Cudia's motion for reconsideration as well as petitioner-intervenor's motion for reconsideration with motion to submit case for oral argument," said SC spokesman Theodore Te.

Cudia recently passed the University of the Philippines' Law Aptitude Examination.

Te refused to comment on whether the SC decision would in any way affect Cudia's  admission to UP Law.

"I would not want to speculate on what would happen to Cudia in law school," said Te.

In February 2014, the PMA Honor Committee found Cudia guilty of lying about his reason for being late for a class, a violation that led to his dismissal from the academy.

The PMA, the PMA Honor Committee of 2014 and the PMA Cadet Review and Appeals Board, through the Office of the Solicitor General, filed their consolidated comment last June 17, 2014. 

In its original ruling, the SC defined quibbling as a situation where a person creates a false impression to his listener by "cleverly wording what he says, omitting facts or telling a partial truth."

The SC said Cudia was considered to have "quibbled" because "by no stretch of imagination can four constitute a 'class.'" 

Cudia claimed he was with three other classmates when they were supposedly dismissed late by their previous class. 

The SC said the PMA did not violate Cudia's right to due process when it enforced its rules on discipline, including the Honor Code, for lying. 

The high tribunal said the case is "subsumed under (the PMA's) academic freedom" because the establishment of rules governing university-student relations, particularly those pertaining to student discipline, may be regarded as vital, not merely to the smooth and efficient operation of the institution, but to its very survival." 

Cudia, in his motion for reconsideration, asked the high tribunal to "take a second hard look" at the facts and circumstances of his case, and clarified that it respects the PMA's academic freedom and does not "seek to deprive" the school of its rights. 

In February 2014, the PMA Honor Committee found Cudia guilty of lying about his reason for being late for a class, a violation that led to his dismissal from the academy. The PMA, the PMA Honor Committee of 2014 and the PMA Cadet Review and Appeals Board, through the Office of the Solicitor General, filed their consolidated comment last June 17, 2014. 

Cudia did not march with the Siklab Diwa batch during the PMA’s graduation rites in Baguio City last year since his appeal was still pending before the Armed Forces of the Philippines and the PMA at the time. 

Cudia’s classmates ostracized him after he opted to stay in the PMA even after the Honor Committee recommended his dismissal. 

His family, however, claimed there were irregularities on how the committee voted on his case and asked President Benigno Aquino III to overturn the decision. 

Cudia's family insisted that the PMA Honor Committee should have acquitted the cadet because one of its members had originally voted in his favor. Under PMA rules, an accused can be acquitted with just one "not guilty" vote. - JJ, GMA News