Plagiarism

1. Definition: Passing off the expression of ideas or words of another as ones

own ; Taking ones ideas or intellectual property
Etymology: plagiarius: literally, kidnapper
2. Intent as an element
a. In the Matter of Charges of Plagiarism, etc., Against Associate Justice
Del Castillo
i. Academic writing vs. Judicial Writing
1. Academic Writing = based on original work; purpose is to
add to existing body of writing
2. Judicial Writing = based on stare decisis; purpose is to
resolve dispute, deliver justice
a. Justice, not originality, form, and style, is the
object of every decision of a court of law
ii. Stare Decisis prevails over judicial decisions
1. The judge is not expected to produce original scholarship
in every respect
2. Courts are to stand by precedent and not to disturb
settled point
iii. Originality in the law is viewed with skepticism
1. Only the arrogant fool or the truly gifted will depart
entirely from the established template and reformulate an
existing idea in the belief that in doing so they will
improve it
iv. Plagiarism not intended
1. Intent in academic writing is immaterial.
2. Judge did not intend to plagiarize. Citations were available
in the drafts of the decision. The researcher just
accidentally deleted them while she was writing the final
draft.
3. Other Unethical conducts
a. Hipos vs. Bay
i. Mandamus vs. Certiorari
1. Mandamus = compel to do the job; never available to
direct the exercise of judgment or reversal or retraction of
judgment already made
2. Certiorari = review if there was grave abuse of discretion
a. Hipos filed a Writ of Mandamus asking the Supreme
Court to compel Judge Bay to dismiss a case.
ii. Violation of Rule 10.02 of the IBP Code of Conduct
1. Petitioners took specific statements from court decisions
2. Counsel use of block quotations and quotation marks
signifies that he intends to make it appear that the
passages are the exact words of the Court.

b. Allied Banking v. Court of Appeals

i. Misquotation of phrase
1. Refusal to obey a transfer order cannot be considered
insubordination where employee cited reason for said
refusal, such as that of being away from the family.
a. Phrase was from the SCRA syllabus, not from the
actual court decision
c. COMELEC v. Noynay
i. Typographical Errors
1. Atty. Balbuena referred to the complainant as Alberto
Naldeza or Alberto
a. Correct name = Alberto Naldoza
2. Case referred to 245 SCRA
a. Correct SCRA # = 254
ii. Misrepresentation of the text of a decision or authority
1. The quoted portion is just a part of the memorandum
of the CA quoted in the decision.
Overview of the Legal System