Cudal, who has since been placed on "floating status" at the PNP Administrative Holding Center, brought the civil suit after Branch 223 Judge Victorino Evangelista junked outright a petition he filed to stay his relief.
In his five-paged petition, the police general said he was removed from his post arbitrarily and unjustly, to his "untold embarrassment" and "great damage and prejudice."
"The said relief order did not state the reason for his sudden transfer, as he has been informed of the plan or purpose of such arbitrary and irrational reassignment," said Cudal’s petition.
Cudal, also a lawyer, said the PNP chief railroaded his removal from office in violation of his constitutional rights to due process.
The usual procedure is for the PNP Senior Officers’ Promotion and Placement Board to hear his case before passing on to the Office of the President a recommendation for his relief, he said.
He said he does not deserve the shameful treatment he received from Lacson after his 33 years as a public servant, winning many awards and commendations.
He said that among other things, he is a recipient of the PNP Distinguished Service Award, which is second only to the Congressional Medal For Valor, the Gold Cross Medal, for gallantry in action and the Bronze Cross Medal, for heroism involving risk to life.
Cudal said the PNP chief also padlocked his office without his knowledge, preventing him from taking a proper inventory of his personal effects before he could vacate it.
He asked the court to award him P1 million in moral damages, P200,000 in exemplary damages and P200,000 in attorney’s fees.
He also named as respondents in the suit Director Reynaldo Acop, PNP personnel and records management director, Chief Superintendent Nestorio Gualberto, chief of the police Headquarters Support Service and Senior Superintendent Nelson Estares, who took over his post.
"There is no justification, legal or otherwise, for the aforementioned acts of defendants against (me)," said Cudal, "as these acts were intended to harass, discredit and humiliate me..."
Cudal earlier questioned the PNP chief’s order relieving him of his post. According to him, he was eased out of office on Lacson’s suspicions that he had given a television interview where he revealed that some top police officers now support the ouster or resignation of President Estrada from office.
The video interview was aired on television with the interviewee’s face shrouded by pixels. Cudal denied giving the interview but PNP Criminal Investigation and Detective Group chief Francisco Zubia Jr. said the police officer was unmasked through the use of computer technology as the one who gave the controversial interview.
Evangelista dismissed Cudal’s petition for injunction with a prayer for a temporary restraining order, saying the police officer failed to exhaust administrative remedies before seeking the court’s intervention.
According to the PNP chief, he sacked Cudal because of graft charges filed in the Sandiganbayan against him.