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DEL CASTILLO, thesis custom byline. Petitioners Isabelita C. Vinuya, et al. Mainly, thesis custom byline, petitioners claim that the Court has by its decision legalized or approved of the commission of plagiarism in the Philippines. This claim is absurd. The Court, like everyone else, condemns plagiarism as the world in general understands and uses the term. Plagiarism, a term not defined by statute, has a popular or common definition, thesis custom byline.
Stealing implies malicious taking. There is no commonly-used dictionary in the world that embraces in the meaning of plagiarism errors in attribution by mere accident or in good faith.
Certain educational institutions of course assume different norms in its application. For instance, the Loyola Schools Code of Academic Integrity ordains that "plagiarism is identified not through intent but through the act itself.
Students who plead ignorance or appeal to lack of malice are not excused, thesis custom byline. The decision makes this clear, thus:. The judge is not expected to produce original scholarship in every respect. The strength of a decision lies in the soundness and general acceptance of the precedents and long held legal opinions it draws from.
Original scholarship is highly valued in the academe and thesis custom byline so. A college thesis, for instance, should contain dissertations embodying results of original research, substantiating a specific view.
He earns no credit nor deserves it who takes the research of others, copies their dissertations, and proclaims these as his own, thesis custom byline. There should be no question that a cheat deserves neither reward nor sympathy. But the policy adopted by schools of disregarding the element of malicious intent found in dictionaries is evidently more in the nature of establishing what evidence is sufficient to prove the commission of such dishonest conduct than in rewriting the meaning of plagiarism.
Since it would be easy enough for a student to plead ignorance or lack of malice even as he has copied the work of others, certain schools have adopted the policy of treating the mere presence of such copied work in his paper sufficient objective evidence of plagiarism. In contrast, thesis custom byline, decisions of courts are not written to earn merit, accolade, or prize as an original piece of work or art. Deciding disputes is a service rendered by thesis custom byline government for the public good.
Judges issue decisions to resolve everyday conflicts involving people of flesh and blood who ache for speedy justice or juridical beings which have rights and obligations in law that need to be protected. The interest of society in written decisions is not that they are originally crafted but that they are fair and correct in the context of the particular disputes involved.
Justice, not originality, form, and style, is the object of every decision of a court of law. There is a basic reason for individual judges of whatever level of courts, including the Supreme Court, not to use original or unique language when reinstating the thesis custom byline involved in the cases they decide.
Their duty is to apply the laws as these are written. But laws include, under the doctrine of stare decisis, judicial interpretations of such laws as are applied to specific situations. Under this doctrine, thesis custom byline, Courts are "to stand by precedent and not to disturb settled point. And because judicial precedents are not always clearly delineated, they are quite often entangled in apparent inconsistencies or even in contradictions, thesis custom byline, prompting experts in the law to build up regarding such matters a large body of commentaries or annotations that, in themselves, often become part of legal writings upon which lawyers and judges draw materials for their theories or solutions in particular cases.
And, because of the need to be precise and correct, judges and practitioners alike, by practice and tradition, usually lift passages from such precedents and writings, at times omitting, without malicious intent, attributions to the originators.
Is this dishonest? Duncan Webb, writing for the International Bar Association puts it succinctly. When practicing lawyers which include judges write about the law, they effectively place their ideas, their language, and their work in the public domain, to be affirmed, adopted, criticized, or rejected.
Being in the public domain, other lawyers can thus freely use these without fear of committing some wrong or incurring some liability. The tendency to copy in law is readily explicable. In law accuracy of words is everything. Legal disputes often centre round the way in which obligations have been expressed in legal documents and how the facts of the real world fit the meaning of the words in which the obligation is contained. This, in conjunction with the risk-aversion of lawyers means that refuge will often be sought in articulations that have been tried and tested.
In a sense therefore the community of lawyers have together contributed to this body of knowledge, language, and expression which is common property and may be utilized, developed and bettered by anyone. The implicit right of judges to use legal materials regarded as belonging to the public domain thesis custom byline not unique to the Philippines. As Joyce C. George, whom Justice Maria Lourdes Sereno cites in her dissenting opinion, observed in her Judicial Opinion Writing Handbook:.
Thus judges are free to use whatever sources they deem appropriate to resolve the matter before them, without fear of reprisal. This exemption applies to judicial writings intended to decide cases for two reasons: the judge is not writing a literary work and, thesis custom byline, more importantly, the purpose of the writing is to resolve a dispute. As a result, thesis custom byline, judges adjudicating cases are not subject to a claim of legal plagiarism.
If the Court were to inquire into the issue of plagiarism respecting its past decisions from the time of Chief Justice Cayetano S. Arellano to the present, it is likely thesis custom byline discover that it has not on occasion acknowledged the originators of passages and views found in its decisions, thesis custom byline. These omissions are true for many of the decisions that have been penned and are being penned daily by magistrates from the Court of Appeals, the Sandiganbayan, the Court of Tax Appeals, the Regional Trial Courts nationwide and with them, the municipal trial courts and other first level courts.
This is not to say that the magistrates of our courts are mere copycats. They are not. Their decisions analyze the often conflicting facts of each case and sort out the relevant from the irrelevant. They identify and formulate the issue or issues that need to be resolved and evaluate each of the laws, rulings, principles, or authorities that the parties to the case invoke. The decisions then draw their apt conclusions regarding whether or not such laws, rulings, principles, or authorities apply to the particular cases before the Court.
It is here—actually the substance of their decisions—that their genius, originality, and honest labor can be found, of which they should be proud. In Vinuya, Justice Del Castillo examined and summarized the facts as seen by the opposing sides in a way that no one thesis custom byline ever done. He identified and formulated the core of the issues that the parties raised.
And when he had done this, he discussed the state of the law relevant to their resolution, thesis custom byline. It was here that he drew materials thesis custom byline various sources, including the three foreign authors cited in the charges against him. He compared the divergent views these present as they developed in history. He then explained why the Court must reject some views in light of the peculiar facts of the case and applied those that suit such facts.
Finally, he drew from his discussions of the facts and the law the right solution to the dispute in the case. On the whole, his work was original. He had but done an honest work.
The Court will not, therefore, consistent with established practice in the Philippines and elsewhere, dare permit the filing of actions thesis custom byline annul the decisions promulgated by its judges or expose them to charges of plagiarism for honest work done. This rule should apply to practicing lawyers as well.
Counsels for the petitioners, like all lawyers handling cases before courts and administrative tribunals, cannot object to this. Although as a rule they receive compensation for every pleading or paper they file in thesis custom byline or for every opinion they render to clients, lawyers also thesis custom byline to strive for technical accuracy in their writings.
They should not be exposed to charges of plagiarism in what they write so long as they do not depart, as officers of the court, from the objective of assisting the Court in the administration of justice.
The words of scholars are also sometimes given weight, depending thesis custom byline reputation. Some encyclopaedic works are given particular authority. While in many cases the very purpose of the citation is to claim the authority of the author, this is not always the case.
Frequently commentary or dicta of lesser standing will be adopted by legal authors, largely without attribution. The converse point is that originality in the law is viewed with skepticism. It is only the arrogant fool or the truly gifted who will depart entirely from the established template and reformulate an existing idea in the belief that in doing so they will improve it.
While over time incremental changes occur, the wholesale abandonment of established expression is generally considered foolhardy. The Court thesis custom byline should not have entertained at all the charges of plagiarism against Justice Del Castillo, coming from the losing party.
But it is a case of first impression and petitioners, joined by some faculty members of the University of the Philippines school of law, have unfairly maligned him with the charges of plagiarism, thesis custom byline, twisting of cited materials, thesis custom byline, and gross neglect for failing to attribute lifted passages from three foreign authors.
These charges as already stated are false, applying the meaning of plagiarism as the thesis custom byline in general knows it. True, Justice Del Castillo failed to attribute to the foreign authors materials that he lifted thesis custom byline their works and used in writing the thesis custom byline for the Court in the Vinuya case.
But, as the Court said, thesis custom byline evidence as found by its Ethics Committee shows that the attribution to these authors appeared in the beginning drafts of the decision, thesis custom byline. Unfortunately, as testified to by a highly qualified and experienced court-employed researcher, she accidentally deleted the same at the time she was cleaning up the final draft.
The Court believed her since, among other reasons, she had no motive for omitting the attribution. The foreign authors concerned, like the dozens of other sources she cited in her research, had high reputations in international law. Notably, those foreign authors expressly attributed the controversial passages found in their works to earlier writings by others. The authors concerned were not themselves the originators. As it happened, although the ponencia of Justice Del Castillo accidentally deleted the attribution to them, there remained in the final draft of the decision attributions of the same passages to the earlier writings from which those authors borrowed their ideas in the first place, thesis custom byline.
In short, with the remaining attributions after the erroneous clean-up, the passages as it finally appeared in the Vinuya decision still showed on their face that the lifted ideas did not belong to Justice Del Castillo but to others. He did not pass them off as his own. Commission on Elections. Upon close examination and as Justice Del Castillo amply demonstrated in his comment to the motion for reconsideration, he in fact made attributions to passages in such decision that he borrowed from his sources although they at times suffered in formatting lapses.
Considering its above ruling, the Court sees no point in further passing upon the motion of the Integrated Bar of the Philippines for leave to file and admit motion for reconsideration-in-intervention dated January 5, and Dr, thesis custom byline.
Del Castillo, A. George, Judicial Opinion Writing Handbookthesis custom byline, p. I dissent on two grounds. Firstthis Court has no jurisdiction to decide in an administrative case whether a sitting Justice of this Court has committed misconduct in office as this power belongs exclusively to Congress. Secondin writing judicial decisions a judge must comply with the Law on Copyright 1 as the judge has no power to exempt himself from the mandatory requirements of the law.
Under the Constitution, the sole disciplining authority of all impeachable officers, including Justices of this Court, is Congress.
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