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Ex-SC chief justice: Magistrate in plagiarism mess entitled to due process


Embattled Supreme Court Associate Justice Mariano del Castillo has found another ally against those seeking his resignation over his alleged plagiarism of portions of a controversial ruling on World War II comfort women. In his Philippine Daily Inquirer column on Sunday, retired SC Chief Justice Artemio Panganiban said it was premature for the University of the Philippines College of Law to call for Del Castillo's resignation because the SC's Ethics and Ethical Standards Committee is still investigating the alleged intellectual dishonesty. "With due respect to the dean and the faculty of the University of the Philippines College of Law who called for the immediate resignation of [Del Castillo] for alleged plagiarism, I believe that due process must be observed and that the Supreme Court should be given the opportunity to pass upon the novel questions raised," said Panganiban. "As I wrote last Sunday, we should let the case be resolved prudently, fairly and speedily. The process is still ongoing. Thus, at this point, Justice Del Castillo (or anyone else) should neither be condemned nor exculpated," added the former chief magistrate. Last Monday, UP law professors urged Del Castillo to resign for supposedly breaching the court's "high standards of moral conduct" when he allegedly lifted entire portions from other works into his April 28, 2010 ruling that denied the plea of comfort women, sexual slavery victims during World War II. “In light of the extremely serious and far-reaching nature of the dishonesty and to save the honor and dignity of the [Supreme Court] as an institution, it is necessary for the ponente of Vinuya v. Executive Secretary to resign his position, without prejudice to any other sanctions that the court may consider appropriate," the professors said. Del Catillo's controversial ruling said the SC has no power to compel the Philippine government to have Tokyo apologize to, and provide compensation for the women, most of them octogenarians already. The magistrate had already inhibited himself from the case, which is on appeal before the court. [See: SC justice in plagiarism mess inhibits self form comfort women case] Despite the criticisms against him, Del Castillo has found various allies against those seeking his resignation. Last week, Ateneo School of Law Dean Cesar Villanueva said the UP Law professors' statements were uncalled for. Del Castillo received his Bachelor of Laws degree from the Ateneo in 1976. Constitutionalist and Ateneo law school dean emeritus Fr. Joaquino Bernas, SJ, also said Del Castillo deserves due process. A statement from the Supreme Court Public Information Office quoted Bernas as saying on his Facebook account that “there is a call from [some] quarters for Justice Mariano del Castillo to resign because of a charge of plagiarism. Like everyone else, Justice del Castillo is entitled to due process." — LBG, GMANews.TV