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SC justice denies plagiarizing ruling on comfort women


The Supreme Court associate justice currently embroiled in allegations of plagiarism on Monday denied that portions of his ponencia were lifted from other sources without proper attribution. At a news briefing, court administrator and spokesperson Jose Midas Marquez said Associate Justice Mariano del Castillo voluntarily went to Chief Justice Renato Corona's office to tell him he will prepare a report on the matter. "When Justice Del Castillo got wind of what will happen today, that Attorney Harry Roque will file a supplemental motion, he [Del Castillo] saw the chief justice this morning and told the chief justice he will be looking into the allegations and will be giving a report," Marquez said. Asked whether the embattled magistrate categorically denied plagiarizing, Marquez replied in the affirmative. He also quoted Del Castillo as saying that he made the proper attributions and citations in the April 28, 2010 decision on comfort women. "He knows that he cited all the sources that have to be cited, that is why he is looking into the allegations. So, let's wait for the report," said Marquez. Earlier in the day, some 17 victims of sexual abuse during the Japanese occupation went to the Supreme Court to file a supplemental motion for reconsideration assailing the ruling. (See: Comfort women decry 'plagiarized' SC ruling) The controversial decision denied the women's plea to have the Philippine government compel Tokyo to make a public apology and provide compensation for them. According to the women's motion for reconsideration and a Newsbreak report, portions of the ruling were supposedly borrowed from the following sources:

  • 31 parts of “A Fiduciary Theory of Jus Cogens" by Ivan Criddle and Evan Fox-Decent, published last year in the Yale Journal of International Law;
  • 24 parts of “Breaking the Silence on Rape as an International Crime" by Mark Ellis, published 2006 in the Case Western Reserve Journal of International Law; and
  • 4 parts of “Enforcing Erga Omnes Obligations in International Law" by Christian Tams, published in 2005. The women said copyright infringement is punishable under Article 217 of the new Intellectual Property Code or Republic Act 8293. If proven guilty, those who committed plagiarism can be imprisoned for one to three years and is required to pay a fine from P50,000 to P100,000 for the first offense. However, Marquez on Monday said it is still premature to determine what sanctions may be meted on Del Castillo should he be proven guilty. "That will be speculation at this point," he said. — RSJ/KBK, GMANews.TV