ASSOCIATE JUSTICE
CONCHITA CARPIO-
MORALES
DISSENTING OPINION
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Justice Morales' Dissenting Opinion on IP Rights Violation & Neglect by Legal Researcher, Exercises of Statistics
In this document, Justice Conchita Carpio-Morales of the Philippine Supreme Court expresses her dissenting opinion on a case involving the violation of intellectual property rights and the neglect of duty by a legal researcher. the implications of the researcher's actions, including the misquotation or misrepresentation of legal texts, citation of outdated laws, and failure to exercise due care. Morales emphasizes the importance of intellectual integrity and the disservice to the judicial function. The document suggests a fine of P10,000.00 and a warning of more severe sanctions for future similar conduct.
Typology: Exercises
2020/2021
Uploaded on 12/12/2021
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ASSOCIATE JUSTICE
CONCHITA CARPIO-
MORALES
DISSENTING OPINION
02 The Court has no jurisdiction to decide an administrative case to a sitting Justice of the Court Agreed with Justice Carpio's thesis Violation of Intellectual Property Rights
- not knowingly misquote or misrepresent the contents of a paper, the text of a decision or authority
- knowingly cite as law a provision already rendered inoperative byrepeal or amendment
- assert as a fact that which has not been proved ** It does not mean that willful negligent acts or omissions of the same nature by lawyers serving the government go scot-free
"intellectual
integrity"
04
- disservice to its judicial function
Rule 10.2 of Canon 10 of the
Code of Professional
Responsibility
05
Legal
Researcher's
remiss in her
duties
- (^) Failure to re-study the sources or authorities involved
- (^) checking the therein citations
- (^) properly citing authors whose materials were used
- (^) failure to exercise the required degree of care to a task expected of a lawyer- employee of the Supreme Court - (^) Lapses in editorial work is normal - (^) "accidental deletions" - no explanation