The Supreme Court of the Philippines addressed the delicate balance between the right to criticize the judiciary and the need to maintain respect for the courts. This case arose from a statement issued by the University of the Philippines College of Law faculty regarding allegations of plagiarism against a Supreme Court Justice. The Court ultimately directed the faculty members to show cause why they should not be disciplined for their statements, emphasizing the importance of upholding the dignity and authority of the Court.

When Academic Freedom Clashes with Judicial Independence: Can Law Professors Criticize Court Decisions?

The case began with allegations of plagiarism against Justice Mariano C. Del Castillo in his ponencia in Vinuya v. Executive Secretary, G.R. No. 162230. In that case, the Court denied the petition of Filipino comfort women seeking to compel executive officials to pursue claims against the Japanese government for wartime abuses. Attorneys representing the comfort women raised concerns about Justice Del Castillo’s use of sources, particularly concerning the principles of jus cogens and erga omnes. Subsequently, the faculty of the UP College of Law, led by its dean, Atty. Marvic M.V.F. Leonen, issued a statement expressing their concerns and calling for Justice Del Castillo’s resignation. This statement became the focal point of the Supreme Court’s inquiry.

The Supreme Court’s Resolution scrutinized the UP Law faculty’s statement, finding it to be “totally unnecessary, uncalled for and a rash act of misplaced vigilance.” The Court emphasized that an investigation into the plagiarism allegations was already underway, and the motion for reconsideration in the Vinuya case was still pending. By issuing a public statement, the faculty risked influencing the Court’s decision-making process. The Court quoted the case of In re Kelly, stating that “any publication, pending a suit, reflecting upon the court…or tending to influence the decision of the controversy, is contempt of court and is punishable.”

The Court acknowledged the importance of the right to criticize the judiciary, but it also stressed that such criticism must be responsible and not undermine the independence of the courts. The Court cited In the Matter of Macasaet, A.M. No. 07-09-13-SC, which recognized that harmful attacks and unjust criticism could threaten judicial independence. The Court stated that it “must insist on being permitted to proceed to the disposition of its business in an orderly manner, free from outside interference obstructive of its functions and tending to embarrass the administration of justice.”

The Court found the UP Law faculty’s comments to be less than objective and perceived their purpose as discrediting the Vinuya decision and undermining the Court’s integrity. The Court highlighted the faculty’s duty as law professors and officers of the Court to uphold the dignity and authority of the Court. The Court believed that the faculty’s actions violated Canons 10, 11, and 13 and Rules 1.02 and 11.05 of the Code of Professional Responsibility.

CANON 10 — A lawyer shall uphold the constitution, obey the laws of the land and promote respect for law and for legal processes.

CANON 11 — A lawyer shall observe and maintain the respect due to the Courts and to judicial officers and should insist on similar conduct by others.

CANON 13 — A lawyer shall rely upon the merits of his cause and refrain from any impropriety which tends to influence, or gives the appearance of influencing the Court.

Rule 1.02 — A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system.

Rule 11.05 — A lawyer shall submit grievances against a judge to the proper authorities only.

Justice Carpio Morales dissented, arguing that the Court’s action was an “abrasive flexing of the judicial muscle.” She stated that the Court appeared to be lending only a semblance of due process, as the Resolution was replete with conclusions that already adjudged the faculty guilty. She further argued that the Court was instituting a disciplinary action on an irregularly concluded finding of indirect contempt. Justice Sereno also dissented, arguing that the “show cause” order was issued in the wake of a gross injury inflicted upon the virtue of honesty in learned discourses and that the Court should not seek revenge against those who have the courage to say what is wrong with it.

The Court’s decision underscores the tension between freedom of expression and the need to maintain public confidence in the judiciary. While lawyers and academics have a right to comment on legal issues and court decisions, that right is not absolute. Criticism that is unduly harsh, disrespectful, or intended to influence the outcome of pending cases may be subject to disciplinary action. This case emphasizes the importance of striking a balance between vigorous debate and responsible conduct, particularly for those who are officers of the court.

FAQs

What was the key issue in this case?	The central issue was whether the UP Law faculty’s public criticism of a Supreme Court decision constituted a violation of the Code of Professional Responsibility and contempt of court, thereby undermining judicial independence. The court had to balance freedom of expression with the need to maintain respect for the judiciary.
What is plagiarism, according to the Court?	The Court defined plagiarism as appropriating another’s literary composition or ideas and presenting them as one’s own. This definition served as the backdrop for the initial allegations that triggered the UP Law faculty’s statement.
What is the significance of Vinuya v. Executive Secretary?	Vinuya v. Executive Secretary is the underlying case that sparked the controversy. It involved Filipino comfort women seeking to compel the government to pursue claims against Japan for wartime abuses, and allegations of plagiarism arose from the decision in this case.
What Canons of the Code of Professional Responsibility were allegedly violated?	The UP Law faculty was directed to show cause for potential violations of Canons 10, 11, and 13, and Rules 1.02 and 11.05 of the Code of Professional Responsibility. These canons relate to upholding the law, respecting the courts, and avoiding impropriety.
What did the dissenting justices argue?	Justices Carpio Morales and Sereno dissented, arguing that the Court’s actions were an overreach, stifled free expression, and lacked due process. They contended that the faculty’s criticism, while potentially harsh, did not warrant disciplinary action.
What is indirect contempt?	Indirect contempt involves acts that obstruct the administration of justice or undermine the authority of the court, but occur outside the court’s immediate presence. The Court considered whether the UP Law faculty’s statement constituted indirect contempt.
Why did the Court emphasize the ongoing investigation and pending motion for reconsideration?	The Court noted that an investigation into the plagiarism allegations was already underway, and the motion for reconsideration in the Vinuya case was still pending. This was to indicate that the faculty’s statement risked influencing the Court’s decision-making process.
What is the practical implication of this ruling for lawyers and academics?	The ruling serves as a reminder that while lawyers and academics have the right to criticize the judiciary, they must do so responsibly and respectfully. Unduly harsh or disrespectful criticism can lead to disciplinary action.

This case serves as a significant precedent for understanding the boundaries of permissible criticism of the judiciary in the Philippines. It highlights the need for members of the legal profession, especially those in academia, to exercise caution and maintain respect for the courts while engaging in public discourse on legal issues.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: RE: LETTER OF THE UP LAW FACULTY, A.M. No. 10-10-4-SC, October 19, 2010