Back

In matter of the charges of plagiarism, etc. against Associate Justice Mariano C. Del Castillo (RESOLUTION) [DISSENTING OPINION, CARPIO, J.]

IN THE MATTER OF THE CHARGES OF PLAGIARISM, ETC., AGAINST ASSOCIATE JUSTICE MARIANO C. DEL CASTILLO. (RESOLUTION) [DISSENTING OPINION, CARPIO, J.]

A.M. No. 10-7-17-SC (RESOLUTION) | 2011-02-08

DISSENTING OPINION

CARPIO, J.:

I dissent on two grounds. First, this 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. Second, in writing judicial decisions a judge must comply with the Law on Copyright1 as the judge has no power to exempt himself from the mandatory requirements of the law.

I. Disciplining Authority of Impeachable Officers

Under the Constitution, the sole disciplining authority of all impeachable officers, including Justices of this Court, is Congress. Section 3(1), Article XI of the...