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Saturday, August 14, 2010

A Question of Propriety

A group of law school academics from the University of the Philippines published a position paper containing its opinion on the alledged plagiarism committed by a supreme court justice. The magistrate is alleged to have plagiarized certain portions of a published wok by someone else in writing the “ponencia”, i.e. controlling opinion, in the case of some Filipino “comfort women” during the second world war against Japan. The academics conclude that there has been an act of plagiarism commited and that the justice in question is culpable. They then publicly demand that the “erring” justice resigns or voluntarily leaves office.

While no one questions the law professors’ right to voice-out their individual or collective opinion as to whether there was indeed a sanctionable act of plagiarism done and that the accused justice did it, going a step further and presumptuously “demanding” resignation is improper and unwarranted imposition of a sanction without due process of law. The group of academics has arrogated unto itself, without lawful basis, judicial or quasi-judicial power to sanction, penalize or discipline a constitutional officer who is legally removable only by impeachment.

It has become a dubious practice of groups or individuals who have strong opinions against an office holder to demand the latter’s resignation, or otherwise pressure him into doing it. Obviously not wanting to go through the cumbersome process of removal from office and face its uncertain outcome, these impatient indiividuals would want a short-cut towards their objective. The fact that, in this instance, the interested parties are teachers and professors of the law makes one wonder whether they have forgotten, or are deliberately disregarding the concept of “due process of law”, which they are supposed to teach to their students and the public.

Without going into the legality of the professors’ action, I believe their effort to pressure the justice into resigning is, at the very least, improper and unprofessional conduct.

Ben Cardinez is a semi-retired lawyer based in Connecticut. He specializes in Civil/Criminal Law litigation. He received his law degree from the University of Santo Tomas in 1965. The University of Connecticut awarded him the degree of Juris Doctor in 1983. His favorite quotation: The Golden Rule ("Therefore all things whatsoever ye would that men should do to you, do you even so to them; for this is the Law and the Prophets". Matthew 7:12. "All the rest is commentary". Talmud; The Beatitudes.
Bencard
Bencard

Comments

  1. ChinoF

    Asking for someone to resign is a favorite call of some Filipino activists. Not just a favorite too; it’s the only way some believe problems can be solved. How stupid. So if you the guy does resign, who’s gonna switch in?

    Tao namin.

    Vested interests.

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  2. now i know why the UP Seal shows a Parrot rather than any other avian species. =)


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