The Public Attorney’s Office (PAO) has asked for mercy and compassion from the Supreme Court (SC) in appealing the case of Philippine Military Academy Cadet 1st Class Aldrin Jeff Cudia, who is asking to allow him to graduate after he questioned his dismissal from the PMA in March last year.
In its 21-page Omnibus Motion dated June 22, 2015 that was obtained by the media just recently, PAO, acting as lawyer for Cudia, lodged its second motion for reconsideration with leave of court and plea for clarification in the case of Cudia before the High Court.
In the motion, the PMA cadet asked for reversal of the SC ruling made on April 14, 2015, and for the court to allow him to graduate and get his diploma in order for him to pursue his studies.
PAO said 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,” it pointed out.
Cudia, who recently passed entrance examinations for admission to the University of the Philippines College of Law, will not be given a chance to push with his studies because of the SC barrier.
In its February 2015 decision, the SC en banc, through Associate Justice Diosdado Peralta, said there was no grave abuse of discretion committed by Malacañang in upholding the ruling of the PMA in not allowing Cudia to graduate.
The cadet was not allowed to get his diploma after he was accused of lying and violating the Honor Code of the PMA.
The SC said the PMA did not violate Cudia’s right to due process since “minimum standards of fairness were met” in investigating and dismissing him.
Persida Rueda-Acosta, Public Attorney’s Office chief and legal counsel for Cudia, and the cadet’s father Renato questioned Malacañang’s decision last June 2014 that affirmed a decision of the PMA and its Cadet Review and Appeals Board not to allow his son to join the graduation of the PMA’s Siklab Diwa batch.