SC justice inhibits from comfort women case
By Sandy Araneta

Supreme Court (SC) Associate Justice Mariano del Castillo yesterday said he would inhibit from the hearings involving the petition of comfort against him of plagiarism in an earlier ruling on the case. Del Castillo said he has informed Chief Justice Renato Corona and other magistrates that he would not attend the hearings on the case involving a group of comfort women appealing the earlier ruling that had denied their claim. Castillo was the author of the SC decision on April 28 that denied the request of Malaya Lola, a group of comfort women during the Japanese occupation, urging the Philippine government to compel Tokyo to issue a public apology and provide compensation. The Lawyers of Malaya Lola accused Del Castillo of copying portions of foreign jurisprudence in the decision without proper attribution. Del Castillo, however, denied the claim and explained he had no malicious interact in including foreign jurisprudence and sources since the case gained international prominence. The allegations prompted the high court to form the ethics committee to investigate the complaint. SC spokesman Jose Midas Marquez said Del Castillo had already informed the high court that he would inhibit from the hearing on the case in the light of the allegations of plagiarism. Marquez stressed Del Castillo’s absence will not affect the merits of the case. “It (the case) will be decided by the other justices, There will be no delay,” he said. The allegations stemmed from the ruling in the case of Isabelita Vinuya of Malaya Lolas vs. Foreign Affairs secretary Delia Domingo Albert, former justice secretary and now Ombudsman Merceditas Gutierrez and former Solicitor General Alfredo Benipayo. In a supplemental motion for reconsideration filed by lawyers harry Rogue and Rommel Bagares, they accused Del Castillo of lifting quotes and footnotes from foreign jurisprudence without any attribution to its authors. Del Castillo stressed the quotes from the foreign articles in the decision were “only appendages, or at the very least, provide small contribution to the resolution of the issues presented.” In the same letter, Del Castillo stressed the case is still pending since the petitioner comfort women had filed a motion for reconsideration. Del Castillo argued that he did not violate any law in writing the decision. Legal experts, on the other hand, called for sobriety over calls for Del Castillo to resign. Ateneo law school dean Cesar Villanueva said the SC has already assumed jurisdiction over the issue. “(We) should abide by the findings and its recommendations to the Supreme Court enbanc. Any call or demand for the resignation of Mr. Justice Del Castillo at this tie when the committee has just began its work is not fair, and prejudges the case … even before he has been given the constitutional right to defend himself, “ Villanueva in a statement.