Legal Writing Cases

Legal Writing Cases
IN THE MATTER OF THE CHARGES OF PLAGIARISM, ETC., AGAINST ASSOCIATE JUSTICE MARIANO C. DEL CASTILLO
2010 decision
FACTS
 Petitioners claimed that the Japanese army systematically raped them and a number of other women, seizing them and
holding them in houses or cells where soldiers repeatedly ravished and abused them.
 They said that since 1998, they have been approaching the Executive Department, requesting assistance in filing claims
against the Japanese military officers who established the comfort women stations. But that Department declined, saying
that petitioners’ individual claims had already been fully satisfied under the Peace Treaty between the Philippines and
Japan.
 They wanted the Court to render judgment, compelling the Executive Department to espouse their claims for official
apology and other forms of reparations against Japan before the International Court of Justice and other international
tribunals.
 On April 28, 2010, the Court rendered a decision: it dismissed petitioners’ action. Justice del Castillo wrote the decision for
the Court. The Court essentially gave two reasons for its dismissal: first, the Executive Department has the exclusive
prerogative under the Constitution and the law to determine whether to espouse petitioners claim against Japan; and,
second, the Philippines is not under any obligation in international law to espouse their claims.
 On June 9, 2010, petitioners filed a motion for reconsideration of the Courts decision.
 More than a month later on July 18, 2010, counsel for petitioners, Atty. Herminio Harry Roque, Jr., announced in his online
blog that his clients would file a supplemental petition detailing plagiarism committed by the court under the second
reason it gave for dismissing the petition and that these stolen passages were also twisted to support the courts erroneous
conclusions that the Filipino comfort women of World War Two have no further legal remedies. The media gave publicity to
Atty. Roques announcement.
 On July 19, 2010, petitioners filed the supplemental motion for reconsideration that Atty. Roque announced.
 Justice del Castillo wrote the Court a letter explaining what happened. The case then was referred to the Committee on
Ethics and Ethical Standards. And tthey eventually submitted their findings t the Court.
ISSUES
1. Whether or not, in writing the opinion for the Court in the Vinuya case, Justice Del Castillo plagiarized the published works
of authors Tams, Criddle-Descent, and Ellis.
2. Whether or not Justice Del Castillo twisted the works of these authors to make it appear that such works supported the
Courts position in the Vinuya decision.
HELD
1. NO. The Court believes that whether or not the footnote is sufficiently detailed, so as to satisfy the footnoting standards of
counsel for petitioners is not an ethical matter but one concerning clarity of writing. The court believed the explanation of
Justice del Castillo’s researcher who tearfully narrated, through Microsoft PowerPoint, how (it was all Microsoft Word’s
fault; see the subsection entitled the first finding) that they did not intend to deprive Tams, Ellis, etc., the credit that they
deserved, as evinced by the earlier drafts of the decision (the court believed her because, as stated, she graduated from a
premiere law school, was an editor for the law journal in their school, and ranked top 4 in the bar exams). Moreover,
neither the researcher nor Associate Justice del Castillo had any motive or reason for omitting attribution from the articles.
And contrary to the petitioners’ assertion that intent is immaterial in cases of plagiarism, “plagiarism is essentially a form of
fraud where intent to deceive is inherent. Their theory provides no room for errors in research, an unrealistic position
considering that there is hardly any substantial written work in any field of discipline that is free of any mistake. The theory
places an automatic universal curse even on errors that, as in this case, have reasonable and logical explanations.”
2. NO. “To twist means to distort or pervert the meaning of. For example, if one lifts the lyrics of the National Anthem, uses it
in his work, and declares that Jose Palma who wrote it did not love his country, then there is twisting or misrepresentation
of what the anthems lyrics said. Here, nothing in the Vinuya decision said or implied that, based on the lifted passages,
authors Tams, Criddle-Descent, and Ellis supported the Courts conclusion that the Philippines is not under any obligation
in international law to espouse Vinuya et al.s claims. The fact is that, first, since the attributions to Criddle-Descent and
Ellis were accidentally deleted, it is impossible for any person reading the decision to connect the same to the works of
those authors as to conclude that in writing the decision Justice Del Castillo twisted their intended messages. And, second,
the lifted passages provided mere background facts that established the state of international law at various stages of its
development. These are neutral data that could support conflicting theories regarding whether or not the judiciary has the
power today to order the Executive Department to sue another country or whether the duty to prosecute violators of
international crimes has attained the status of jus cogens.
RULING:
Wherefore the petition is DISMISSED.
2011 Decision
FACTS
 Petitioners Isabelita C. Vinuya, et al., all members of the Malaya Lolas Organization, seek reconsideration of the decision of
the Court dated October 12, 2010 that dismissed their charges of plagiarism, twisting of cited materials, and gross neglect
against Justice Mariano Del Castillo in connection with the decision he wrote for the Court in G.R. No. 162230, entitled
Vinuya v. Romulo.
 Mainly, petitioners claim that the Court has by its decision legalized or approved of the commission of plagiarism in the
Philippines.
HELD
 ACADEME vs JUDICIARY: “…while the academic publishing model is based on the originality of the writer’s thesis, the
judicial system is based on the doctrine of stare decisis, which encourages courts to cite historical legal data, precedents,
and related studies in their decisions. The judge is not expected to produce original scholarship in every respect. The
strength of a decision lies in the soundness and general acceptance of the precedents and long held legal opinions it draws
from.”
 “…judges adjudicating cases are not subject to a claim of legal plagiarism.”
RULING
2010 decision affirmed.

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