Legal Research Reviewer

LEGAL RESEARCH REVIEWER Legal Research is the process of identifying and retrieving information necessary to answer a legal question. BASIC STEPS IN CONDUCTING LEGAL RESEARCH 1. 2. 3. 4. 5. 6.

Identify legal question Develop outline Frame the legal issues Establish preliminary statement Develop list of search terms Gather sources (Primary, secondary, etc.) 7. Write! PLAGIARISM Ateneo Law School’s Plagiarism Policies and Disciplinary Procedures (Taken from Ateneo Graduate School Handbook 2013) Plagiarism is: 1. Verbatim repetition of someone else’s words without acknowledgement; 2. Presentation of someone else’s ideas without acknowledgement; 3. Paraphrasing, translating, or summarizing someone else’s ideas without acknowledgement; 4. Improper acknowledgement of sources, as with incomplete/imprecise documentation; 5. Having one’s work done by someone else or having one’s work substantially revised by someone else In the Matter of Charges of Plagiarism, etc. Against Associate Justice Mariano C. del Castillo (2010) FACTS: A petition was filed by Malaya Lolas Organization regarding Vinuya v. Romulo case. The petitioners alleged that Del Castillo, the ponente plagiarized 3 works and twisted their ideas in the process: 

A Fiduciary Theory of Jus Cogens by Evan J. Criddle and Evan FoxDescent, Yale Journal of International Law (2009);



Breaking the Silence: Rape as an International Crime by Mark Ellis, Case Western Reserve Journal of International Law (2006); and



Enforcing Erga Omnes Obligations by Christian J. Tams, Cambridge University Press (2005).

Del Castillo’s defense was his decision went through a couple of edits. His research assistant accidentally left the citations as they were rewriting the drafts. ISSUE: W/N Del Castillo should be charged for grave misconduct on account of plagiarism. HELD: NO. Plagiarism is not applicable to judiciary bodies. In making judicial decisions, copying others’ word per word is expected as most cases involve stare decisis. The judiciary is not in the business of making original works, they are expected to render fair judgment and to do so they adapt to and adopt the past decisions of other judges and other writers. Plagiarism in the academe is seen as motivated by the want to steal others’ ideas to profit. In rendering judgment, the ponente is tasked with rendering one justly and with the right facts, information, and research at hand. There is no end goal of profiting or claiming originality of words, only precise decisions for justice. Dissenting opinions: Justice Sereno- there is such a thing as judicial plagiarism. Other opinions made it clear that the negligence was unbecoming of Justice del Castillo. For such it is only right to punish him. UNETHICAL CONDUCT Code of Professional Responsibility Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. Rule 10.01 - A lawyer shall not do any falsehood, nor consent to the doing of any in Court; nor shall he mislead, or allow the Court to be misled by any artifice. Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the contents of a paper, the language or the argument of opposing counsel, or the text of a decision or authority, or knowingly cite as law a provision already rendered inoperative by

repeal or amendment, or assert as a fact that which has not been proved.

cases involving elections regardless of the penalties prescribed.

Hipos v. Bay (2009) FACTS: Hipos et. al. were accused of crimes of rape and acts of lasciviousness. Judge Bay convicted them. Their counsel petitioned for a writ of mandamus compelling the judge to dismiss the case with no grounds.

BASIC LEGAL CITATION Citation is needed when one is:  Directly lifting a portion of work  Paraphrasing  Summarizing

ISSUE: W/N the writ of mandamus is valid HELD: NO. It is unbecoming of the counsel to have resorted to it. The counsel of Hipos also plagiarized and distorted the jurisprudence they cited for the petition. Allied Banking Corporation v. CA (2003) FACTS: Galanida was an assistant bank manager for Allied Banking Corp. branch in Cebu. He was reassigned to Bacolod City for a lower ranking position, with less pay, and in a smaller branch compared to his last. Labor Arbiter ruled that it was not insubordination and demotion because board and lodging will be paid for and ordered that Galanida be dismissed. Labor Arbiter also misquoted a decision in Dosch v. NLRC, taking sections off the syllabus to make it appear as the words of the Supreme Court. Counsel for petitioner also misquoted jurisprudence. ISSUE: W/N Galanida was validly dismissed HELD: NO. There was no legal basis for the dismissal. COMELEC v. Nonay (1998) FACTS: In a case where 2 teachers were found guilty of partisan political activities and violating the Omnibus Election Code. The RTC’s jurisdiction over the case was questioned for any case involving acts penalized with more than 6 years imprisonment. Judge Nonay did not read the opening sentence of Sec. 32 B.P. Blg. 129 in rendering his decision. And Counsel was careless in citing the name in one of the cases (Naldeza instead of the original: NALDOZA) ISSUE: W/N RTCs have jurisdiction HELD: Under 268 of Omnibus Election Code, RTC has exclusive jurisdiction on criminal

Incumbent Constitution: PHIL. CONST. art VII, § I, ¶ 2. *NEVER use Id for the constitution. Exercise: . . . Repealed Constitutions: 1935 PHIL. CONST. art. I § I (superseded 1971). Exercise: . . . Codes: An Act Revising the Penal Code and Other Penal Laws [REVISED PENAL CODE], Act No. 3815, art. 2 (1932). An Act to Ordain and Institute the Civil Code of the Philippines [CIVIL CODE], Republic Act No. 386 (1950). *Subsequent citations: REVISED PENAL CODE, arts. 171-173 Id. Id. art. 180, ¶ 2. Exercise: . . . Statutes: An Act Providing for the Recognition and Use of Electronic Commercial and Noncommercial Transactions and Documents, Penalties for Unlawful Use Thereof and For Other Purposes [e-Commerce Act of 2000], Republic Act No. 8792, § 33 (2000).

Id. § 2. *Not small caps. If it underwent amendment: A Decree Instituting a Labor Code Thereby Revising and Consolidating Labor and Social Laws to Afford Protection to Labor, Promote Employment and Human Resources Development and Insure Industrial Peace Based on Social Justice [LABOR CODE], Presidential Decree No. 442, as Amended, § I (1974).

*Subsequent citations: e-Commerce Act of 2000, § 34. Id. B.P. Blg. 22, §§ 3 & 5. Id. §§ 1,3, & 5. Exercise: . . .