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Title:
AM No. 10-10-4 SC (March 8, 2011)
Re: Letter of the UP Law Faculty entitled the Faculty of University of the Philippines
College of Law on the allegations of Plagiarism and Misrepresentation in the
Supreme Court.
Fact:
A case was filed regarding the assertions by Atty Harry L. Roque and Atty
Romel R. Bagares against Justice Mariano C. Del Castillo for plagiarism in the
context of court decision regarding the case of Vinuya vs, Executive Secretary.
The following are cited for the counts of plagiarism:
1) Evan J. Criddle and Evan Fox-Decent :
Article: A Fiduciary Theory of Jus Cogens (Yale Journal of International Law
2009)
2) Christian J. Tams:
Book: Enforcing Erga Omnes Obligation in International Law (Cambridge
University 2005)
3) Mark Ellis:
Article: Breaking the Silence: On Rape as an International Crime (Case
Western Reserve Journal of International Law 2006)
Issue:
1) Does the actions of the 37 faculty members of University of the Philippines
College of Kaw show cause resolution? And if so, are they to be held
accountable for their actions?
-
The actions of the faculty are to be held accountable for their actions,
unless they are to explain themselves.
2) Does their petition for calling the resignation of Justice Mariano C. Del
Castillo violate the Code of Professional Responsibility?
-
Yes, because I believe, the petitioners could have filed the case against
Justice Del Castillo when there is/was no case pending, so that their
petition would not interrupt anyone else but the defendant.
3) Why should the faculty not be disciplined for their actions in regards to
their petition which was filed in the middle of a case, resulting to delaying
the courts resolution for some years?
-
From my point of view, if the people who filed the case had no reason for
filing such, they should be punished; however, they had a good cause for
doing so.
As educators of law, they are to set a good example to their students, and
not let such acts (plagiarism) be ignored.
Held:
The faculty members of University of the Philippines College of Law provided
within 10 days a motion stating why they did such as act and what they are trying
to instill as educators to their students who are going to be future lawyers.
-
Members of the Bar: Violation of Canon 10, 11, and 13 and Rules 1.02 and
1.05 of the Code of Professional Responsibility