Name: Ferrer, Kristell Ailinn Labor

Student ID: 15-155-13-730

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)

On the 9th of August 2010, 37 members of the faculty of University of the

Philippines College of Law called for the resignation of Justice Mariano C. Del Castillo
because of the indication of plagiarism in the work he pres3ented regarding the yet
pending case of Vinuya vs. Executive Secretary at that time.
The educators specifically wanted action to be done regarding the assertions
of plagiarism. They found the act to show injustice to the women who suffered
during the Second World War.
Because of the case against plagiarism and demand of the faculty of
University of the Philippines College of Law, the resolution of the court in regards to
the Vinuya Vs. Executive Secretary petition was delayed for 7 years.
Thus, the court found that the actions of the 37 faculty members of
University of the Philippines College of Law to have violated the Canons 10, 11, and
15 and Rules 1.02 and 11.05 of the Code of Professional Responsibility.

Name: Ferrer, Kristell Ailinn Labor

Student ID: 15-155-13-730

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