62ND PERSUASIVE APPEAL_6OCT16_TO SCP JUSTICES: PMA ADMITS, NOTHING TO GAIN ON CUDIA'S DISMISSAL...

EXCERPTED FROM CADET CUDIA'S CASE DECISION As to the dismissal proceedings as sham trial – According to petitioners, the proceedings before the HC were a sham. The people behind Cadet 1CL Cudia’s charge, investigation, and conviction were actually the ones who had the intent to deceive and who took advantage of the situation. Cadet 1CL Raguindin, who was a senior HC member and was the second in rank to Cadet 1CL Cudia in the Navy cadet 1CL, was part of the team which conducted the preliminary investigation. Also, Cadet 1CL Mogol, the HC Chairman, previously charged Cadet 1CL Cudia with honor violation allegedly for cheating (particularly, conniving with and tutoring his fellow cadets on a difficult topic by giving solutions to a retake exam) but the charge was dismissed for lack of merit. Even if he was a non-voting member, he was in a position of influence and authority. Thus, it would be a futile exercise for Cadet 1CL Cudia to resort to the procedure for the removal of HC members.186chanroblesvirtuallawlibrary Further, no sufficient prior notice of the scheduled CRAB hearing was given to Cadet 1CL Cudia, his family, or his PAO counsel. During one of her visits to him in the Holding Center, petitioner-intervenor was advised to convince his son to resign and immediately leave the PMA. Brig. Gen. Costales, who later became the CRAB Head, also categorically uttered to Annavee: “Your brother, he lied!” The CRAB conferences were merely used to formalize his dismissal and the PMA never really intended to hear his side. For petitioners, these are manifestations of PMA’s clear resolve to dismiss him no matter what. For their part, respondents contend that the CHR’s allegation that Maj. Hindang acted in obvious bad faith and that he failed to discharge his duty to be a good father of cadets when he “paved the road to [Cadet 1CL Cudia’s] sham trial by the Honor Committee” is an unfounded accusation. They note that when Maj. Hindang was given the DR of Cadet 1CL Cudia, he revoked the penalty awarded because of his explanation. However, all revocations of awarded penalties are subject to the review of the STO. Therefore, it was at the instance of Maj. Leander and the established procedure followed at the PMA that Maj. Hindang was prompted to investigate the circumstances surrounding Cadet 1 CL Cudia’s tardiness. Respondents add that bad faith cannot likewise be imputed against Maj. Hindang by referring to the actions taken by Maj. Jekyll Dulawan, the CTO of Cadets 1CL Narciso and Arcangel who also arrived late for their next class. Unlike the other cadets, Cadet 1CL Cudia did not admit his being late and effectively evaded responsibility by ascribing his tardiness to Dr. Costales. As to the CHR’s finding that Cadet 1CL Mogol was likewise “in bad faith and determined to destroy [Cadet 1CL] Cudia, for reasons of his own” because the former previously reported the latter for an honor violation in November 2013, respondents argue that the bias ascribed against him is groundless as there is failure to note that Cadet 1CL Mogol was a non-voting member of the HC. Further, he cannot be faulted for reporting a possible honor violation since he is the HC Chairman and nothing less is expected of him. Respondents emphasize that the representatives of the HC are elected from each company, while the HC Chairman is elected by secret ballot from the incoming first class representatives. Thus, if Cadet 1CL Cudia believed that there was bias against him, he should have resorted to the procedure for the removal of HC members provided for in the Honor Code Handbook. Finally, respondents declare that there is no reason or ill-motive on the part of the PMA to prevent Cadet 1CL Cudia from graduating because the Academy does not stand to gain anything from his dismissal. On the contrary, in view of his academic standing, the separation militates against PMA’s mission to produce outstanding, honorable, and exceptional cadets. The Court differs with petitioners.