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IN THE MATTER OF THE intentional or out of neglect, is

CHARGES A.M. No. 10-7-17-SC sufficient to conclude that


OF PLAGIARISM, ETC., AGAINST plagiarism has
ASSOCIATE JUSTICE MARIANO C. occurred. Students who plead
DEL CASTILLO [8 February 2011, En ignorance or appeal to lack of
Banc] malice are not excused.2
 Original scholarship is highly
 Plagiarism, a term not defined by valued in the academe and
statute, has a popular or common rightly so. A college thesis, for
definition. To plagiarize, says instance, should contain
Webster, is to steal and pass off dissertations embodying results
as ones own, the ideas or words of original research,
of another. Stealing implies substantiating a specific view.3
malicious taking.  This must be so since the writing
 Black’s Law Dictionary, the is intended to earn for the student
world’s leading English law an academic degree, honor, or
dictionary quoted by the Court in distinction. He earns no credit
its decision, defines plagiarism as nor deserves it who takes the
the deliberate and knowing research of others, copies their
presentation of another person's dissertations, and proclaims these
original ideas or creative as his own. There should be no
expressions as ones own. 1
question that a cheat deserves
 The presentation of another neither reward nor sympathy.
person’s ideas as one’s own must  Dissenting of Sereno4: It has also
be deliberate or premeditated undermined the protection of
taking with ill intent. copyrighted work by making
 There is no commonly-used available to plagiarists lack of
dictionary in the world that malicious intent as a defense to a
embraces in the meaning of charge of violation of copy or
plagiarism errors in attribution economic rights of the copyright
by mere accident or in good faith. owner committed through lack of
 Certain educational institutions attribution. Under Section 184 of
of course assume different norms R.A. 8293 (An Act Describing the
in its application. For instance, Intellectual Property Code and
the Loyola Schools Code of Establishing the Intellectual
Academic Integrity ordains that
plagiarism is identified not 2Available

through intent but through the at http://www.admu.edu.ph/index.php?p=120


&type=2&sec=25&aid=9149.
act itself. The objective act of 3 Websters Third New International Dictionary,
falsely attributing to ones self p. 2374.
what is not ones work, whether 4
A.M. No. 10-7-17-SC IN THE MATTER OF THE
CHARGES OF PLAGIARISM, ETC., AGAINST
ASSOCIATE JUSTICE MARIANO C. DELCASTILLO [15
1 Black’s Law Dictionary (8th Edition, 2004). October 2010]
Property Office, Providing for Its  He then explains how each form
Powers and Functions, and for or mode of plagiarism is
Other Purposes), or the committed.
Intellectual Property Code of the  Plagiarism is committed in mode
Philippines, there is no (a) by plagiarizing information
infringement of copyright in the that is not common knowledge.11
use of another's work in: x x x (b)  Mode (b) is committed when
the making of quotations from a distinctive ideas are plagiarized,
published work if they are even though you present them in
compatible with fair use and only a different order and in different
to the extent justified for the words, because they are
purpose, including quotations uncited. Even if there has been a
12

from newspaper articles and prior citation, succeeding


periodicals in the form of press appropriations of an idea to make
summaries: Provided that the it appear as your own is
source and the name of the plagiarism, because the
author, if appearing on the [previous] citation in [an earlier]
work, are mentioned. (Emphasis passage is a deception.
supplied)  Mode (c) is committed when you
 There are many ways by which borrowed several distinctive
plagiarism can be committed.5 phrases verbatim, without
 For the purpose of this analysis, quotation marks.
we used the Standard Reference  Mode (d) is committed when,
book prescribed for Harvard though the words and details are
University Students, Writing original, (y)ou have, however,
with Sources by Gordon Harvey. taken the structural framework or
 Harvey identifies four forms of outline directly from the source
plagiarism6: (a) uncited data or passage even though, again, your
information7; (b) an uncited data, language differs from your
whether a specific claim or source and your invented
general concept8; (c) an unquoted examples are original.13
but verbatim phrase or passage9;  In the academe, plagiarism is
and (d) an uncited structure or generally dealt with severely
organizing strategy.10 when found out; many
universities have policies on
plagiarism detailing the sanctions
5 Gordon Harvey, WRITING WITH
that may be imposed on students
SOURCES: A GUIDE FOR HARVARD
STUDENTS (Hackett Publishing Company, who are found to have
2nd ed. [c] 2008). plagiarized in their coursework
6 Id. at 32.
7 Id. at 33.
8 Id. 11
Id. at 32.
9 Id. at 34. 12
Id. at 33.
10 Id. at 32-35 13
Harvey, supra at 32.
and other academic
requirements. These run the
gamut from an automatic failing
grade in the course for which the
offending work was submitted,
or in more egregious cases,
outright expulsion from the
university. Sanctions for
plagiarism in the academe
operate through the denial of
certification or recognition of
achievement14 to the extent of
rescinding or denying degrees.

Re: Letter of the UP Law Faculty


entitled Restoring Integrity: A Statement by
the Faculty of the University of the
Philippines College of Law on the Allegations
of Plagiarism and Misrepresentation in the
Supreme Court. [A.M. No. 10-10-4-SC]

 Plagiarism is the act of appropriating


the literary composition of another,
or parts or passages of his writings,
or the ideas or language of the
same, and passing them off as the
product of ones own mind.15

http://sc.judiciary.gov.ph/jurisprudenc
e/1999/jul99/131522.htm

https://www.niu.edu/academic-
integrity/faculty/committing/examples/
direct-plagiarism.shtml

Forms of Plagiarism (Last Accessed on


5 February 2019)

14
Jaime S. Dursht, Judicial Plagiarism: It May Be Fair
Use but Is It Ethical?, 18 CARDOZO L. REV. 1253, at 5.
Black, Henry Campbell, BLACKS LAW
15

DICTIONARY, 5TH ed., St. Paul Minn., West


Publishing Co., 1979, p. 1035.

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