And… a show- cause order was issued by the SC against the U.P. Law faculty

 

Just to update the post below (yesterday’s), the Inquirer reports today that a show- cause order was issued yesterday by the Supreme Court (in a vote of 10-3) against the U.P. Law faculty, asking them to explain why they should not be cited in contempt. (see the newspapers for details)

lucky color fire engine red (& the plagiarism case against Justice del Castillo)

It’s a highly rating show, right? Lots of

people watch it. So you don’t need the

blog to tell you what the soothsayer

said – okay, she said fire engine red;

here’s what i’m wearing while typing

this, because i don’t want to give a

legal opinion, i’m just posting what i’m

wearing… skirt and scarf from

“Khrysta’s Kloset”, she auctioned off

designer clothes that her mom

brought home from her many travels

… “Khrysta’s Kollezion” has lots of red

skirts and shirts that you can easily

match with other items; the trick is

not to wear an all-red head-to-foot

outfit unless you’re you’re in your

Christmas party, maybe.

 

tips: 1.Don’t wear an all-red head-

to-foot get- up; just one item like a

tank, or a jacket, or bag or a slim skirt;

2.if you’re going to be in an all-white

ensemble, don’t wear white shoes; 3.if

you’re wearing a flashy skirt on an

ordinary day, wear an ordinary T-shirt

over it; or vice versa, on an ordinary

day, if you have nothing to wear but a

glitzy shirt, wear ordinary jeans – so

you’re never overdressed; 4.now is the

time to wear your boots, they’re

comfortable on rainy days in Manila,

so your feet won’t get wet; appropriate

on cloudy days, cold days, drizzle –

you’ll never get the chance to wear

them the rest of the year here in

the Philippines. If with skirt, you can

wear them with tights …. que mas

what else…i don’t wear paisley… my

blog hasbeen reduced to eye candy

(just visuals) , i should change the title

again, from”playground” to “eye

candy”. mga ayaw magbigay ng

opinion, people who don’t hand out

opinions like one-cent candies, just

turn their blogs into–eye candy.

But i should — give an opinion: the

Supreme Court majority decision

yesterday absolved Justice del Castillo

of plagiarism on the defense that he

had inadvertently omitted the

footnotes for attribution of the

sources (!). (from the Inquirer;

exclamation point supplied.) In her

dissent, Justice Meilou Sereno said:

“The text of the decision itself reveals

the evidence of plagiarism. The tearful

apology of the legal researcher to the

family of the ponente (the Justice)…is

an admission…” (quoted from the

Inquirer). The majority decision

throws into chaos all plagiarism cases

and proceedings in the University,

past and present; the respondent

can just quote the Supreme Court and

say “I forgot — i just forgot to put the

footnotes for the sources — the

Supreme Court held that to be a valid

defense…” And what about all those

cases that U.P. won in the Supreme

Court (where the respondents in

plagiarism cases had filed special civil

actions on jurisdiction) — we won

those cases, on jurisdiction, U.P.

maintained its expulsion sanctions.

According to the Inquirer’s

confidential sources, the Supreme

Court majority is considering issuing a

show-cause order to the U.P. Law

faculty for administrative sanctions

for its statement on plagiarism.

 

If that happens (the SC issuing a

show-cause order to the U.P. Law

faculty),and in the context of

defending its academic freedom and

protecting the integrity of plagiarism

cases in the University, U.P. at the

very least, should have a restatement

of its position on plagiarism, lest punishment for faculty members giving expert opinion be tolerated as a policy; lest the University be

deluged by hundreds of appeals from

cases that have been decided upon, or

be crippled by defenses of present-day

respondents.Defense pala yung : “Eh,

nakalimutan ko ilagay ang sources! “

(i didn’t know that i-forgot-to-

footnote- the- sources” was a defense

in plagiarism)

World Press Freedom Day. The Dissent.

Norman Posecion, “Untitled II”, Oil on Canvas, 122 x 91 cms., 2003. Downloaded with express permission from the site of the Kulay-Diwa Gallery at www.kulay-diwa.com , maraming salamat po!

The Dissent. From then Justice (now Chief Justice) Reynato Puno Jr., Dissenting opinion, In Re Emil Jurado, A.M. No. 93-2-037 April 6, 1995:

XXXX

Quote “XXXX Indeed, nothing in the record show that any person lost faith in our system of justice because of his (Emil Jurado’s) said report. Even the losing party in G.R. No. 94374. Eastern Telephone Philippines, Inc., (ETPI) does not appear to have given any credence to the said false report. I submit that it is not every falsehood that should incur the Court’s ire, lest it runs out of righteous indignation. Indeed, gross falsehood, vicious lies, and prevarications of paid hacks cannot deceive the public any more that can they cause this Court to crumble. If we adopt the dangerous rule that we should curtail speech to stop every falsehood we might as well abolish freedom of speech for there is yet to come a man whose tongue tells only the truth. In any event, we should take comfort in the thought that falsehoods cannot destroy only truth does but only to set us free.

Quote “XXXXX Respondent is a columnist and he does not only write straight news reports but interprets events from his own distinct prism of perception. As a columnist and like any other columnist, he has his own predilections and prejudices and he bends his views in accord with his own slant of faith. I see no reason to penalize respondent for the slants in his views, however, unpleasant and irreverent they may be to the court. When we start punishing a columnist for slants in his views, we shall soon be seeking slits to look for witches among them.

XXXX

Quote “XXXX There is an appropriate remedy against abusive press newsmen. I submit, however, that the remedy is not to be too quick in wielding the power of contempt for that will certainly chain the hands of many newsmen. Abusive newsmen are bad but laundered news is worse.

Quote “Eight. Again, with due respect, I submit that the majority misappreciates the role of the press as a critic of government in a democratic society. The Constitution did not conceive the press to act as the cheerleader of government, including the judiciary. Rather, the press is the agent (footnote 29) of the people when it gathers news derogatory to those who hold the reins of government. The agency is necessary because the people must have all available information before they exercise their sovereign judgment. As well observed: “The newspapers, magazines, and other journals of the country, it is safe to say, have shed and continue to shed, more light on the public and business affairs of the nation than any other instrument of publicity; and since informed public opinion is the most potent of all restraints upon misgovernment the suppression of abridgment of the publicity afforded by a free press cannot be regarded otherwise than with grave concern.” (footnote 30). As agent of the people, the most important function of the press in a free society is to inform and it cannot inform if it is uninformed. We should be wary when the independent sources of information of the press dry up, for then the press will end up printing “praise” releases and that is no way for the people to know the truth.

Quote “In sum, I submit, that the equation chosen by  the majority has the pernicious effects of hobbling the writing hand of newsmen and of chilling the sources of information of the press. The majority can snicker against the “bleeding heart” liberalism but this is a vain attempt to use a fig leaf to conceal its niggardly regard for freedom of speech and of the press. In a large measure, I fear that the majority opinion will weaken the press as an informed and informative source of information of the sovereign people. In so doing, it will unwittingly erode the people’s right to discover the truth. The protection we give to the sanctity of the sources of information of the press is for the benefit of the people. It is designed to benefit all of us, keep us above the cloud of ignorance. Democracy cannot bloom where sovereignty is rooted on the top soil of an ignorant mass.

Quote “I vote not to hold the respondent in contempt of court.” Closed-quote. – then Justice (now Chief Justice) Reynato Puno Jr., In Re Emil Jurado, A.M. No. 93-2-037 April 6, 1995.