First class Cadet Cudia vs PMA

Facts :

Six days before the graduation ceremony of the PMA, petitioner Renato Cudia acting in behalf of
his son Jeff P. Cudia and Berteli Cataluffa filed a petition for certiorari, prohibition and mandamus with
TRO.

1) Cadet Cudia was a member of SIKLAB Diwa Class of 2014 of the PMA. He was supposed to
graduate with honors as the class salutatorian, receive the Philippine Navy Sber as the top navy
candidate and to be commissioned as an ensign of the Philippine Navy.
2) On November 14, 2013. CL cadets had lesson examination on operations research under DR.
COSTALES schedule (1:30-3:00) while the fifth period class ENG412 was from 3:05-4:05
3) Five days after, professor from ENG412 Prof Berong issued a delinquency report against Cadet
Cudia for being late for 2 minutes
4) On 12-19-13 Major Hindang the CTO of Cadet 1 Cudia meted out to him the penalty of 11
demerits and 13 touring hours. Maj hindang clarified that the basis of the punishment was a result
of his conversation with Dr. Costales that responded that she never dismissed the class late. Cudia
was advised to express his appeal through writing. On the same day, cudia addressed his requrest
for reconsideration on the ground that his 4th period class was dismissed late making him 2 mins
late on his 5th class.

CUDIA WAS LATER DISMISSED VIOLATING THE HONOR CODE (lying that he was dismissed
late)

Issue : Whether the dismissal of Cudia violates due process

Held : NO, there is no violation of Due process.

The Honor Code of the PMA recognizes that an administrative proceeding conducted to
investigate an honor code need not be clothed with attributes of a judicial proceeding. The spirit of
the honor code was meted in a way to internalize honor. Hence, technical and procedural
misgivings may avert (turn away) the true essence of the honor code.

The nature of the military is unique in the sense that its primary business is to fight or be ready to
fight wars. Hence, extensive investigation and due process could sacrifice the simplicity and
timeliness of investigation. This would mean that the hearing need not be formal and adversarial.

Therefore, due process in the present case only requires a FAIR AND REAOSNALBLE
HEARING at which he is appraised of the specific charge metered against him. He must also be
given ADEQUATE opportunity to present his defense.

DUE PROCESS IS PRESENT

1) Cudia was notified of violation of honor code by Maj

2) Given the opportunity to explain the report against him. During the formal investigation, he
was informed of the charge against him., given the right to enter his plea and has the right to
explain his side, confront the witness and present evidence on his behalf