Over-reaction to J. Castillo’s and SC’s ‘plagiarism’

Will students now plagiarize big-time given Vinuya? But, they do not work in an-SC-pressure-cooker-type environment and should be taught charity, compassion, balance and fairness, in an uncertain, imperfect world—of fallible beings, where malice and intent should not be dismissed as irrelevant.
We await UP’s explanation as to how it could make ex-Justice Vic Mendoza appear that he signed an anti-J. Castillo Statement when he apparently never did. Staff lapse, most likely. So Malcolm36, not Malcolm37? But, the well-meaning should hold their horses in wanting to look into this seeming violation of Article 171(2) of the Revised Penal Code. The system should find a way to avoid a lose-lose outcome here. Those of us in education must try to view the alleged plagiarism situation with charity, etc. Everybody and his mom attribute to Voltaire what he did not say (“I may not agree with you say but will defend to the death your right to say it.”).

Killing a person is bad. With malice, it is murder. But what about if it is driving with reckless imprudence resulting in homicide, as happened to my wife (third anniversary last Monday)? No jail time. Probation. Our driver can no longer drive. My kids were dissatisfied. I was accepting; maybe too old to get mad and I left it to the Lord, in this the last quarter, two minutes or pre-departure area phase of my life. No malice, but reckless imprudence. Incidentally, our family went to Libingan ng Mga Bayani, where my pa-in-law rests, last November 1. About two hours to get out. No army presence. Candles unlit. Greenery in natural state. We returned last Monday, November 8, to Manila Memorial, the third anniversary of sorely-missed Dulce’s passage. Garbage from November 1 uncollected. Near Libingan is the US Cemetery. So much better kept; it says something of how we treat veterans and run things.

But, I digress. Censure, or soft impeachment, per Justice I. Cruz, may be enough for J. Mar, max (but what about the SC?). Not resignation, certainly. Proportionality is a desideratum. Malice, or its absence, is not irrelevant in a looking for a rough and ready sense of justice. The “concerned” respected leaders who took out anti-Castillo—but not anti-Supreme Court (SC)—ads may try impeachment and let’s see what happens. There was no scienter on the part of the researcher, J. Mar and the SC. No Justice can rule alone.

Here, the SC, with 6,000 cases, has 15 Justices who have to rely heavily on staff by force of circumstances, to get anything done.
Maari pong matulog sa pansitan talaga. There is a credible claim of staff lapse on the part of J. Mar (and the Justices who concurred with him). It was not a Castillo decision, but an institutional ruling, by the SC. Why single out the ponente “with an evil eye and an unequal hand”? (Yick Wo v. Hopkins) Are the others excused by saying “well, I just concurred. My staff and I had no time to review what I am signing, given the hundreds of cases we have, some decades old, and the record, several feet high.” Structural change is indicated.

Students do not work in such a harried atmosphere. No problem with flunking or expelling a student who plagiarizes and cannot invoke staff lapse. General propositions do not decide concrete cases.—Holmes, lest I be accused of plagiarism.

The institutional arrangement in the US enables its SC to dispose of all cases within a term (October to June), but our primitive system is not like that at all. Another reason to amend the Constitution. Or our values, and singling out one man for the responsibility of a body is submitted to be not the way to do it.

UP explains. The SC accepts. We all move on. I can live with it, given our other problems, beginning with garbage collection, traffic indiscipline, etc., etc.

The new Constitution should remedy the institutional and structural defects that made the Vinuya lapse possible, detected by eagle-eyed Harry Roque, my pal and colleague in many a struggle. Both the non-attribution, and the inclusion of J. Mendoza hit me as a shortcoming, not wrongdoing, of Plagiarism and Misrepresentation/Name-Dropping Thru Reckless Imprudence. No fire, walang po namang sunog yata, given the many raging conflagrations PNoy inherited, let alone his own staff lapses
We should bring down the temperature that we may compensate by an increase in light. Fuller-Hart debate. Whew.

Two movies. Not as a Stranger, where Robert Mitchum was told that it is not enough to have a brain, but also to have a heart. That was long ago; I was in AB, playing hookey. This week I saw Meryl Streep on TV, in Doubt, again stressing the need for compassion and not to pass judgment too quickly. The SC and the Malcolm37 or 36—with J. Vic Mendoza out, can use a dose of compassion and fairness.

Shall we move on and enjoy the Manly Art of Modified Murder or Cauliflower Industry (McGeehan) this weekend starring Manny Pacquiao and 50 or so fellow Bigger House Bulakbuleros (none from the Better One?). And Hubert Webb should be home by Christmas along with Sonny Trillanes as we now start the season of grace and goodwill; may we all have the best and the finest it can bring anyone.

Shall we cool it? –Rene Saguisag, Manila Times

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