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Friday, December 9, 2011
In Re del Castillo, A.M. No. 10-7-17-SC, 10-7-17-SC , October 12, 12, 2010 DECISION PER CURIAM: I.
THE FACTS
In the landmark decision of Vinuya vs. Executive Secretary , G.R. No. 162230, pr omulgated omulgated last last April 28, 2010, the Supreme Supreme Court DISMISSED the petition filed by a group of Filipino “comfort women” during the Japanese military occupation of the Philippines. The Court, speaking through Justice Mariano C. del Castillo, Castillo, held that the petition seeking to compel the Executive Department to espouse the petitioners’ claims for official apology and other forms of reparations against Japan before the International International Court of Justice and other international tribunals has NO MERIT MERIT because: (1) the pr erogative erogative to determine whether to espouse petitioners’ claims against Japan belongs exclusively to exclusively to the Executive Department; and (2) the Philippines is not under any international obligation to espouse the petitioners’ claims. Discontented with the foregoing decision, the petitioners in Vinuya filed a motion for reconsideration. Subsequently, they also filed a supplemental motion for reconsideration, this time accusing the Justice del Castillo Castillo of plagiarizing (copying without attribution) and twisting passages from three foreign legal articles to support the Court’s position in the Vinuya decision: Vinuya decision: (1) A Fiduciary Theory of Jus Cogens by Cogens by Professors Evan J. Criddle (Associate Professor of Syracuse University College of Law) and Evan Fox-Descent (Assistant Professor of McGill University Faculty of Law) published in the Yale Journal of International Law in 2009;
Blog Archive ► 2012 (26) ▼ 2011 (11) ▼ December (4) In Re del Castillo Plagiarism Controversy (Part II... In Re del Castillo, A.M. No. 10-7-17SC, October 1... In Re del Castillo, A.M. No. 10-7-17SC, October 1... Dante Liban, et al. v. Richard Gordon, G.R. No. 17... ► November (7)
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(2) Breaking the Silence: Rape as an International Crime by Crime by Mark Ellis (Executive Director of the International Bar Association), published in the Case Western Reserve Journal of International Law in 2006; and (3) Enforcing Erga Omnes Obligations in International Law by Professor Christian J. Tams (Chair of International Law of University of Glasgow School of Law), published in Cambridge University Press (2005).
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The Court then referred the charges against Justice Del Castillo to Castillo to its Committee on Ethics and Ethical Standards, chaired by Chief Justice Renato Corona, Corona, for investigation and recommendation. After the proceedings before it, the Committee submitted its findings and recommendations to the Court en banc, which then treated and decided the controversy as an administrative matter.
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II. THE ISSUES 2011 bar exam results (1) results (1)
1. Did Justice Del Castillo, Castillo , in writing the opinion for the Court in the Vinuya case, Vinuya case, plagiarize the published works of authors Tams, Criddle-Descent, and Ellis?
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