With permission from the author... Bon Lobaton Congratulations to the PMA Class Siklab Diwa of 2014. These past few weeks, this curious case of Cadet Aldrin Jeff Cudia has been in the Filipino consciousness both in the Philippines and overseas. What probably captivated our attention the most was the fact that Cadet Cudia was supposed to graduate today with top honors at the Philippine Military Academy (PMA). Due to a series of unfortunate events, Cadet Cudia could instead be dismissed from the PMA neither with an officers commission, honors, nor a college diploma. I cannot just stand by the sidelines without at least helping stakeholders understand the situation. Tension is not only felt within the military establishment and within the Cudia household. The Filipino people have surely taken strong positions as indicated by several news articles about the case. I apologize for this seemingly long narrative. It is not meant to provide you a lecture that you do not need but to share to others who may not be familiar with the Honor System at the PMA. President Noynoy Aquino (P-Noy) cannot overturn the decision of the Honor Committee (HC), which decided that an Honor Violation was committed. The Commander in Chief (CIC) has no power to do so. The Honor System as it is now, as it was then, is exclusive to the Cadets, by the Cadets, and for the Cadets, until the HC announces its decision. At that moment the HC hands down a guilty verdict, the Cadet may resign and have an honorable dismissal, with no further questions asked. The Cadet may also stay and finish the rest of his or her four years, albeit while being ostracized. In the old days, this would be the end of the process. Some have actually graduated under these circumstances. Others could not handle the silent treatment. Of course, this silent treatment continues even when the Cadet becomes an officer in the Armed Forces of the Philippines (AFP). In the current system, however, the decision of the HC is submitted to a Senior Tactical Officer (STO). The STO evaluates whether the Cadet violated any of the provisions of the Cadet Corps of the Armed Forces of the Philippines (CCAFP) Regulations. I consider this the start of the Regulations Phase. The basis of the charges and the corresponding punishments are written in a CCAFP Regulations Manual. Every room in the cadet barracks has a copy of the Honor Code handbook and the CCAFP Regulations manual. The STO charges the Cadet with violation of a Class I offense, the maximum punishment of which is dismissal from PMA. As a class I offense, this would require the affirmative recommendation of the Commandant of Cadets and the concurrence of the Superintendent, Commanding General (CG) of the PMA. While this course preserves the Cadets option to resign, it takes away the option to stay while being ostracized. However, the punitive authority of a CG, under Article of War (AW) 105, even as expanded by then President Marcos, does not include dismissal. The CG may impose restriction to certain specified limits, with or without suspension from duty, for not more than 60 consecutive days. When translated to cadet life, this could mean 60 days of not performing cadet duties. The CG may also have authorities as provided by other laws, which I may not be aware of, but based on AW 105, the CG’s decision, of dismissal would need to be elevated through the Chain of Command (COC). The COC above CG, PMA includes the Chief of Staff, Armed Forces of the Philippines, and the President as CIC. In the Philippines, the President appoints all cadets to the PMA. If a Cadet is to be dismissed from the PMA for whatever reason, the appointing authority, the President, needs to approve. While the PMA is an academic institution enjoying academic freedom, its students are cadets who are considered to be on active military duty but not subject to deployment. What is before the President to decide is (1) whether or not the Cadet being charged violated regulations of the CCAFP; and if there is violation (2) whether or not the regulations violation merits dismissal or a lighter punishment. I respectfully submit that when the President decides not to dismiss a Cadet he is not tolerating those who violated the Honor Code. The President is simply exercising his prerogatives as the appointing authority of a Cadet facing dismissal due to a regulations violation. This resulted from letting the process go beyond the Cadet Corps. This started with the submission of the HC decision to the STO, which as demonstrated by this case will likely always go all the way up to the CIC. And this is just the exhaustion of administrative remedies. What can the President do now? He can grant pardon to Cadet Cudia. The President cannot pardon an Honor Violation but he can pardon a Regulations Violation as in the case of Cadet Cudia. Doing so will allow Cadet Cudia to avail of the option to be ostracized. Considering that Cadet Cudia is facing a regulations violation and dismissal is the maximum penalty, the President may choose to impose a lighter penalty such as the maximum penalty for a Class II offense. So, what are my recommendations for the future? 1. Should it be totally unacceptable that personalities outside the PMA get involved in the Honor System, then revert to the process where the decision of the HC ends with the cadet’s resignation or choice to be ostracized. 2. Should the PMA Honor System follow the evolution of the Honor System at the United States Military Academy, which by design has removed the option for a guilty cadet to be ostracized, then: a. The cadet who refuses to resign should not be charged with a regulations violation based on the fact of being found guilty of violating the Honor Code. b. The cadet’s act that was considered to have resulted in an honor violation will be charged as the act that violated regulations. c. A full investigation separate from those previously conducted will be required to prove violation of regulations. d. This process would as a matter of course go all the way up to the President as the appointing authority. e. When the cadet is found guilty after this process, he will be given a dishonorable discharge. N.B. The second choice will not stop the cadet dishonorably discharged from seeking redress through the court system. Again, my warmest congratulations to the PMA Class Siklab Diwa of 2014. The foregoing is my personal opinion. Thank you for reading. Bon Lobaton
Posted on: Sun, 16 Mar 2014 06:59:05 +0000
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