Practice 'judicial restraint' in row with UP Law profs, SC told

Senate President Juan Ponce Enrile appealed to the Supreme Court to exercise judicial restraint in imposing sanctions on the law professors who called for the resignation of a magistrate embroiled in a plagiarism controversy. Thirty-seven professors from the University of the Philippines College of Law, on August 8, called on Justice Mariano del Castillo to resign for plagiarizing the works of other authors to craft parts of his ponencia or ruling on comfort women of the Second World War. In a statement, the group said Del Castillo breached the “high standards of moral conduct" expected of the court when he allegedly did not identify the sources of the information he used in his ponencia. Enrile, in a statement issued on Wednesday, said "As a legislator, public servant, and as a humble member of the Bar, I would like to respectfully appeal to the SC to exercise restraint in using its disciplinary hand to exact punishment or retribution from those who may disagree with the correctness and wisdom of its decision." The SC had earlier threatened to sanction 37 faculty members of the University of the Philippines' College of Law for airing a statement against Associate Justice Mariano del Castillo, who was accused of plagiarizing portions of a ruling on World War II comfort women. Enrile, however, reminded the High Court of the right of the academe to air their outrage and dissatisfaction over alleged violations in the practice of law. "Freedom of expression, which embraces academic freedom, may be orphaned should our Highest Court choose to use its strong hand when it feels bruised or hurt, rather than to act as its faithful guardian," he said. He likewise pointed out that Del Castillo, not the UP law professors, damaged the reputation of the tribunal. "The SC’s independence, honor and integrity were not besmirched by the release of the UP Law faculty’s statement. (They) have been placed under a dark cloud of doubt unfortunately by the intellectual dishonesty of one of its own," he said. "I strongly believe that sadly, the Supreme Court has made itself vulnerable to and must render itself open to legitimate criticism," he added. Meanwhile, Del Castillo is also being accused of plagiarizing portions of his April 8, 2010 ruling that granted permission to Ang Ladlad to participate in the May 10 elections as a party-list group. On Tuesday, Senators Francis Escudero and Francis Pangilinan told the High Court that it should be prepared for any criticisms that the plagiarism controversy may bring them. Enrile and Escudero both earned their law degrees at UP Diliman. — Kimberly Jane Tan/RSJ/VVP, GMANews.TV