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House panel approves for plenary vote Del Castillo impeach raps 


Voting 38-10, the House committee on justice on Tuesday approved for plenary vote the impeachment complaint against Supreme Court Associate Justice Mariano del Castillo for betrayal of public trust when he supposedly plagiarized the works of foreign authors in a decision on the case of World War II sexual slavery victims or “comfort women.”    The House panel’s vote came just two months after the lower chamber impeached Chief Justice Renato Corona for betrayal of public trust, culpable violation of the Constitution and graft and corruption. Corona’s impeachment trial is currently ongoing at the Senate.   Once forwarded to the House plenary, the impeachment complaint against Del Castillo will have to get the approval of one-third of all House members—in this case, 95 out of the 286 lawmakers—for it to be transmitted to the Senate for trial. 'Euphoric'

In a statement released to media Tuesday, lawyer Harry Roque, legal counsel for the petitioners in the case, said his clients were "euphoric over the news."
 
"They feel that though they may have failed to obtain justice in the Supreme Court, they obtained it from the representatives of the people through this decision," Roque said.
 
He said even if his clients have been denied justice for the last 50 years, "history is now recognizing that they have been victims of injustice in the hands of the Japanese and in the hands of del Castillo."
 
Roque said the "Lolas" are hoping that Del Castillo's "conduct" would be the "first and last in the annals of legal history."
  Intellectual dishonesty   During the hearing, Albay Rep. Edcel Lagman, who voted to junk the Del Castillo impeachment complaint, echoed the argument of the SC justice’s lawyers that plagiarism does not violate any law in the country.   “This act is not an impeachable offense. Plagiarism per se is not even a crime. The severity of this is not as grave as the other impeachable offense,” he said.   The congressman also reiterated his view that the committee has lost its jurisdiction over the case, since the period prescribed to file the impeachment case has long elapsed.   Deputy Minority Leader Milagros Magsaysay, meanwhile, said that Del Castillo cannot be held liable for betrayal of public trust because his judicial works are “exempted” from plagiarism as provided for under Section 184(k) of Republic Act (RA) 8293 or the Intellectual Property Code.   This provision in the law states that “any use made of a work for the purpose of any judicial proceedings or for the giving of professional advice by a legal practitioner” shall “not constitute infringement of copyright.”   AKO-BICOL party-list Rep. Rodel Batocabe, however, said that high ethical standards are expected of a member of the high court.   “Hindi kailangan maging krimen para mag-constitute ng pagtataksil sa taumbayan… In all sectors of society, kapag nag-commit ka ng intellectual dishonesty, inaalis ka. What more if you are a Supreme Court justice?” he said. 'Over-exercising' impeach power Meanwhile, Iloilo Rep. Niel Tupas Jr. said Del Castillo's act of "twisting" the works of foreign authors "might also constitute obstruction of justice." Muntinlupa Rep. Rodolfo Biazon, who once sat as a senator-judge in the impeachment trial of former President Joseph Estrada in 2000, for his part, warned his colleagues against “over-exercising” their power to impeach high-ranking public officials.   “This is a special power granted only to the House of Representatives. To over-exercise this power poses the danger of Congress of losing credibility in the exercise of this power,” he said. During Corona's trial, Senator Joker Arroyo also warned House members against making a "cottage industry" out of impeaching government officials. - with Mark Merueñas/VVP/RSJ, GMA News
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