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

IN THE MATTER OF THE CHARGES OF PLAGIARISM, ETC., AGAINST ASSOCIATE JUSTICE MARIANO C. DEL CASTILLO

A.M. No. 10-7-17-SC | 2010-10-15

DISSENTING OPINION
 
SERENO, J.:
 
What is black can be called “white” but it cannot turn white by the mere calling.  The unfortunate ruling of the majority Decision that no plagiarism was committed stems from its failure to distinguish between the determination of the objective, factual existence of plagiarism in the Vinuya decision[1] and the determination of the liability that results from a finding of plagiarism. Specifically, it made “malicious intent”, which heretofore had not been relevant to a finding of plagiarism, an essential element.
 
The majority Decision will thus stand against the overwhelming conventions on...