IN THE MATTER OF THE CHARGES OF PLAGIARISM, ETC.

, AGAINST
ASSOCIATE JUSTICE MARIANO C. DEL CASTILLO.
A.M. No. 10-7-17-SC
February 8, 2011

FACTS:

Justice Del Mundo examined and summarized the facts of Vinuya vs Romula
case. He identified and formulated the core of the issues that the parties raised. He
discussed the state of the law relevant to their resolution. He drew materials from
various sources including the three foreign authors. Because the decision has no
citations, Vinuya filed a petition against the Justice on the ground of plagiarism, twisting
of cited materials, and gross neglect.

The court dismissed the petition.

Vinuya filed a motion for reconsideration.

ISSUE:

Whether or not Justice Del Mundo can be charged of plagiarism in writing to

resolve a dispute?

RULING:

No. The Judge CANNOT be charged of plagiarism in writing to resolve a dispute.

A judge writing to resolve a dispute, whether trial or appellate, is exempted from

a charge of plagiarism even if ideas, words or phrases from a law review article, novel
thoughts published in a legal periodical or language from a party’s brief are used without
giving attribution. 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, more importantly, the purpose of the writing is to resolve a dispute. As
a result, judges adjudicating cases are not subject to a claim of legal plagiarism.

FALLO:

The Court DENIES petitioners’ motion for reconsideration for lack of merit.