SC justice accused of plagiarism entitled to due process: lawyers
MANILA, Philippines - Several lawyers defended Thursday a Supreme Court magistrate's right to due process after he was accused of plagiarizing portions of his ponencia dismissing reparations for Filipino comfort women.
In a statement, several legal luminaries criticized the call of the faculty of the University of the Philippines College of Law for Supreme Court Associate Justice Mariano del Castillo to resign following allegations of plagiarism and misrepresentation.
In his Facebook account, constitutionalist Fr. Joaquin Bernas said “the case is with the Supreme Court now. Let us wait for the verdict of the Court. Like everyone else, Justice del Castillo is entitled to due process.”
The SC had already created an ethics committee to look into the charges.
Ateneo de Manila Law School Dean Cesar L. Villanueva said “any call or demand for the resignation of Mr. Justice Del Castillo at this time when the committee has just began its work is not fair, and prejudges the case against a Justice of the Republic even before he has been given the constitutional right to defend himself.”
He added the calls will only affect the public’s perception of the recommendations of the committee.
For his part, former Pamantansan ng Lungsod ng Maynila College of Law Dean Ernesto L. Pineda said “it is improper to put pressure upon the Committee in the performance of its duties. The situation is akin to a subjudice matter. The Committee resolution must first be awaited which we understand, would be submitted to the Supreme Court en banc for appropriate action.”
Philippine Constitutional Assembly (Philconsa) president Manuel Lazaro said accusations of plagiarism, having found their way in the Internet, will further cause ill perceptions not only against del Castillo but to the rest of the Supreme Court and the judiciary.
“The ratio decidendi of the decision can stand legal scrutiny sans references to the articles plagiarized. The alleged plagiarism uploaded in the internet constitute direct contempt or contempt in facie curiae, a violation of the lawyers oath and a transgression of the Code of Professional Responsibility for which the person(s)/responsible must be made accountable," he said.
Raul Villanueva, Philippine Association of Law Schools (PALS) president and Xavier University law school dean, said the public should just “let the judicial process take its course.” PALS is composed of more than 85 law schools all over the country.
Del Castillo, meanwhile, has decided to inhibit from the case that spawned the plagiarism charges. In a letter to Chief Justice Renato C. Corona, he said his decision was meant to disprove any allegations bias on his part.
comfort women deserve mercy and understanding
may the wife, mother and daughters of the good justice become comfort women someday so that they could experience first-hand the agony of being sex slaves and tell the brilliant justice of their horrifying ordeal.
this may be the only way the brilliant justice could change his stand and give the comfort women of the last world war the mercy and understanding they so richly deserve!!!