Dismissed PMA cadet Cudia passes UP Law entrance exams

From GMA News (Apr 10): Dismissed PMA cadet Cudia passes UP Law entrance exams

His dream of becoming a military officer might have been snatched from him, but dismissed Philippine Military Academy cadet Aldrin Cudia might in a few years' time become a lawyer.

The Public Attorney's Office on Friday confirmed that Cudia passed the University of the Philippines Law Aptitude Examination (LAE) for school year 2015-2016.

The PAO is representing Cudia in his legal battle to overturn a PMA decision to dismiss him for lying about why he came late to class.

PAO chief Persida Acosta said even without a diploma to present, Cudia was still allowed by UP to take the test.

"Kasi may transcript siya na may note na (naka) indefinite leave siya," Acosta told GMA News Online.

Persida said this makes Cudia's admission to UP Law "provisional."

The results of the UP LAE can be viewed here.

In February, the Supreme Court had already turned down Cudia's petition against his dismissal.

The ruling, however, has yet to become final, as a motion for reconsideration later filed by Cudia is yet pending.

In its ruling last February, the SC found Cudia 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 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."

But in its MR, Cudia 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. The comment was countered by Filipina in a reply on July 14 and later adopted by Renato Cudia.

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, has 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.

http://www.gmanetwork.com/news/story/467710/news/nation/dismissed-pma-cadet-cudia-passes-up-law-entrance-exams