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

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

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

DISSENTING OPINION

SERENO, J.:


Judges need not strain themselves to meet inapplicable standards of research and attribution of sources in their judicial opinions, nor seek to achieve the scholarly rigidity or thoroughness observed in academic work. They need to answer to only two standards – diligence and honesty. By honesty here is meant that good faith attempt to attribute to the author his original words and analysis.


Even if a judge has to rely in large part on the drafts of his legal researchers, the work of a diligent and honest judge will never display the severe plagiarism evident in the Vinuya Decision published under the name of...