MANILA — The Public Attorney’s Office (PAO) has asked for mercy and compassion from the Supreme Court (SC) after it appealed the case of former Philippine Military Academy (PMA) Cadet 1st Class Aldrin Jeff Cudia.
Cudia asked the SC to allow him to graduate after he questioned his dismissal from the Philippine Military Academy (PMA) in March 2014.
In the its 21-page omnibus motion dated June 22, 2015, the PAO, acting as lawyer for Cudia, filed its second motion for reconsideration with leave of court and plea for clarification on the case of Cudia before the SC.
Cudia asked for the reversal of the SC’s April 14, 2015 ruling and asked the SC to allow him to graduate and get his diploma in order for him to pursue his studies.
The PAO pleaded before the SC to have a second look on the case and conduct a re-deliberation which would open the SC’s eyes to reconsider the case.
“Wherefore, premises considered, it is most respectfully prayed of this Honorable Court that the Motion for Leave be Granted. The resolution dated 14 April 2015 be recalled and the case be resubmitted for re deliberation, and after such re-deliberation, the Decision promulgated on 24 February 2015 be reconsidered, and a new one be rendered,” the omnibus motion said.
The PAO cited that Cudia was unmistakably deprived of his right to due process when he was not allowed to graduate by the PMA.
“In the higher interest of justice, and on equitable and humanitarian considerations, this Honorable Court may compel the Philippine Military Academy to award Cadet Cudia with his diploma, a clean transcript of records and a Bachelor of Science Degree, as well as other documents which may facilitate his transfer to an institution of higher learning,” the PAO said.
Cudia, who recently passed the entrance exams in the University of the Philippines (UP) College of Law, will not be given a chance to push through with his studies due to the SC ruling.
In its Feb. 24 2015 ruling, the SC en banc, through Associate Justice Diosdado M. Peralta, said that there was no grave abuse of discretion committed by Malacanang in upholding the ruling of the PMA in not allowing Cudia to graduate.
Cudia was not allowed to graduate after he was accused of lying and violating the Honor Code of the PMA.
In its unanimous ruling, the SC cited “academic freedom” as a ground to dismiss the petition of Cudia.
The SC said that the PMA did not violate Cudia’s right to due process since “minimum standards of fairness were met” in investigating and dismissing Cudia.
It can be recalled that PAO Chief Atty. Persida Rueda-Acosta, as legal counsel, and Cudia’s father Renato questioned the decision of Malacanang last June 2014 in affirming the decision of the PMA and its Cadet Review and Appeals Board (CRAB) not to allow his son to join the graduation of their “Siklab Diwa” batch.
Cudia’s father said that his son would like to pursue his career and it can only be done if the SC will allow his son to graduate.
He added that what his son only wanted is the transcript of records and the unconditional issuance of a diploma “so that he could start again with a new hope just like the new year.”
Cudia sought mercy from the SC to include him in the list of graduates of PMA “Siklab Diwa Class of 2014”, including to be awarded his diploma and awards, and other benefits due a graduating cadet.
He also asked the SC to accept the Final Investigation Report of the Commission on Human Rights (CHR) on his controversial dismissal.
It was argued that the 2014 [PMA] Honor Committee violated the Honor Code when it refused to accept one of its members’ “not guilty” verdict on Cudia’s case.
Cudia also asked the SC to include him in the list of the graduating class of “Siklab Diwa PMA Class of 2014” when all the material requirements for his graduation shall have been completed.
He also sought for the submission by the PMA CRAB of all the records of the proceedings pertaining to his case.
In the complete set of his transcript of records, it shows that Cudia obtained several “100” grades in his Conduct subjects in the PMA and majority of his grades from first year to fourth year were in the line of 90’s and above.