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in - Re - Del - Castillo
in - Re - Del - Castillo
in - Re - Del - Castillo
DECISION
PER CURIAM:
I. THE FACTS
II. THE ISSUES
1. Did Justice Del Castillo, in writing the opinion for the Court in the Vinuya case,
plagiarize the published works of authors Tams, Criddle-Descent, and Ellis?
III. THE RULING
[By a 10-2 vote, with three Justices including Justice del Castillo taking no part,
the Court DISMISSED the charges for lack of merit and held that Justice del
Castillo was NOT GUILTY of plagiarizing and twisting the cited materials and
hence did NOT commit gross negligence.]
1. NO, Justice Del Castillo, in writing the opinion for the Court in
the Vinuya case, did NOT plagiarize the published works of authors Tams,
Criddle-Descent, and Ellis.
At its most basic, plagiarism means the theft of another person’s language,
thoughts, or ideas. To plagiarize, as it is commonly understood according to
Webster, is “to take (ideas, writings, etc.) from (another) and pass them off
as one’s own.” The passing off of the work of another as one’s own is thus an
indispensable element of plagiarism.
As regards that one passage from Professor Tams, the Court believes that
whether or not the footnote is sufficiently detailed, so as to satisfy the footnoting
standards of counsel for petitioners is not an ethical matter but one concerning
clarity of writing. The statement “See Tams, Enforcing Obligations Erga Omnes in
International Law (2005)” in the Vinuya decision is an attribution no matter if
Tams thought that it gave him somewhat less credit than he deserved. Such
attribution altogether negates the idea that Justice Del Castillo passed off the
challenged passages as his own.
That it would have been better had Justice Del Castillo used the introductory
phrase “cited in” rather than the phrase “See” would make a case of mere
inadvertent slip in attribution rather than a case of “manifest intellectual theft
and outright plagiarism.” If the Justice’s citations were imprecise, it would just be
a case of bad footnoting rather than one of theft or deceit. If it were otherwise,
many would be target of abuse for every editorial error, for every mistake in citing
pagination, and for every technical detail of form.
As regards the passages from Ellis, the Court notes that the lengthy passages in
Footnote 65 of Vinuya came almost verbatim from Ellis’ article but did not contain
an acknowledgment or introduction that they are from that article. Moreover,
as regards the passages from the work of Professors Criddle and Descent, it
was also observed that the Vinuya decision lifted the portions, including their
footnotes, from Criddle-Descent’s article, A Fiduciary Theory of Jus Cogens as
footnotes in the Vinuya decision without any attributions made to the two
authors. Unless amply explained, these unattributed lifting from the works of Ellis
and Criddle-Descent could be construed as plagiarism.
2. NO, Justice Del Castillo did NOT twist the works of authors Tams,
Criddle-Descent, and Ellis to make it appear that such works supported the
Court’s position in the Vinuya decision.
The decision [in Vinuya] did NOT twist the passages from Tams, Criddle-Descent,
and Ellis. To twist means “to distort or pervert the meaning of.” For
example, if one lifts the lyrics of the National Anthem, uses it in his work, and
declares that Jose Palma who wrote it “did not love his country,” then there
is “twisting” or misrepresentation of what the anthem’s lyrics said. Here,
nothing in the Vinuya decision said or implied that, based on the lifted
passages, authors Tams, Criddle-Descent, and Ellis supported the Court’s
conclusion that the Philippines is not under any obligation in international law
to espouse Vinuya et al.’s claims.