Fr. Bernas urges SC to withdraw order to UP Law profs

A noted constitutionalist and legal luminary has urged the Supreme Court to withdraw its "show cause" order to 37 University of the Philippines law professors that asked them to explain why they should not be disciplined for criticizing the alleged plagiarism by Associate Justice Mariano del Castillo. In his column in the Philippine Daily Inquirer on Monday, Fr. Joaquin Bernas, SJ said such order was "unfortunate." "For me this is a very unfortunate court order. The Court has been struggling to rebuild its tarnished image before the legal world and now comes out with a blow against freedom of expression," said Bernas, dean emeritus of the Ateneo School of Law and one of the drafters of the 1987 Constitution. "In my view, it will serve the Court well if it should withdraw the show cause order against the UP faculty," he added. Last July, Del Castillo was accused of plagiarizing portions of his ruling on World War II comfort women. Just last month, the SC cleared the magistrate from plagiarism charges, saying there was "no malicious intent" in the "accidental decapitation" of the attribution marks that would indicate that the research material was borrowed. But the court also threatened to crack its whip on the 37 law professors who aired a statement against Del Castillo. The court said the Code of Professional Conduct for lawyers prohibits members of the Bar from airing public statements that tend to influence public opinion while a case is pending. In this case, the court said "the publication of a statement by the faculty of the UP College of Law regarding the allegations of plagiarism and misrepresentation in the Supreme Court was totally unnecessary, uncalled for, and a rash act of misplaced vigilance." Dissents and disagreements Associate Justices Conchita Carpio-Morales and Maria Lourdes Sereno, however, wrote dissenting opinions criticizing the decision of the majority. Morales said the court's show cause order was "nothing but an abrasive flexing of the judicial muscle." For her part, Sereno said the SC has nothing to lose if it does not mete out punishments on the 37 faculty members. "It is not the place of the Court to seek revenge against those who, in their wish to see reform in the judiciary, have the courage to say what is wrong with it. The Court finds its legitimacy in demonstrating its moral vein case after case, not in flaunting its judicial brawn," Sereno said. In his column on Monday, Bernas also backed the UP law professors and said the court can find strength from disagreement "especially when it comes from respected jurists." "Dissenting justices freely and strongly and even scathingly criticize majority opinions. This feature of our judicial system — the fact that it allows dissent — is a source of strength of the system. It can draw even more strength from disagreement, even vigorous disagreement, from outside, especially when it comes from respected jurists," said Bernas. — RSJ, GMANews.TV