Vizconde case judge gets ‘Xmas reprieve’ in plagiarism row

Court of Appeals Justice Amelita Tolentino will get a Christmas breather before being slapped plagiarism charges by a lawyer for one of seven men recently acquitted in the 1991 Vizconde massacre case. Jose Flaminiano, counsel for former policeman Gerardo Biong, accuses Tolentino of having plagiarized portions from the prosecution's memoranda when she wrote the decision convicting Hubert Webb and six others in 2000 for the Vizconde murders. Flaminiano said they will let Tolentino enjoy the holidays first. "Palampasin muna natin itong holidays at New Year... [We will let the holidays and New Year pass first.] It involves her qualification to hold an important position," Flaminiano said in an interview on dzBB radio. Tolentino was then presiding judge of Paranaque Regional Trial Court Branch 274 when she convicted Webb and six others for the grisly killing of Estrellita Vizconde and daughter Carmela and Jennifer in June 1991. Last Dec. 14, the Supreme Court acquitted the seven after claiming the prosecution failed to prove its case beyond reasonable doubt. On Dec. 15, Flaminiano said he found several instances where Tolentino lifted excerpts from the memoranda of the prosecution. (See: Plagiarism charges hurled at judge who convicted Webb, 6 others) “I accuse Judge Tolentino of massive plagiarization. Sinabi ko roon sa memorandum sa Supreme Court at binanggit ko ang pages ng memorandum ng prosecution na kinopya-kopya ni judge," he said in an earlier interview over dzRH radio. (I accuse Judge Tolentino of massive plagiarization. I mentioned it in my memorandum to the Supreme Court, and I specified the pages in the prosecution’s memorandum which the judge copied from.) “Noong ginawa ang kanyang decision noong January 2000, binasa ang decision niya at binasa ko ang memorandum ng prosecution. Marami siyang pinlagiarize na portion ng memorandum ng prosecution na sinali sa kanyang decision na walang sinasabing doon galing, walang attribution," Flaminiano said. (When she wrote her decision in January 2000, I read her decision and compared it with the prosecution’s memorandum. She had plagiarized many portions of the memorandum of the prosecution, which she incorporated into her decision without citing the source, without attribution.) “Walang karapatan manatili si Justice Tolentino bilang mahistrado [Tolentino has no right being a justice], she does not deserve to be in the judiciary," he added. Flaminiano said Tolentino had been bent on convicting Hubert Webb and five others, as well as Biong, for the crime. She was appointed as Court of Appeals associate justice in 2001, a year after she convicted Webb and six of his co-accused. Tolentino currently chairs the appellate court's Seventh Division. GMANews.TV could not reach Tolentino's office as of posting time. Flaminiano also said the camps of the acquitted men are pushing through with their plan to file charges for false testimony against prosecution witness Jessica Alfaro. However, he did not say when they will file the complaint against Alfaro.—JV, GMANews.TV