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IN MATTER OF CHARGES OF PLAGIARISM

This case has been cited 1 times or more.

2012-03-13
BRION, J.
It is important to note that any of the five Members of the Second Division who voted for the 07 September 2011 Resolution namely, Justices Brion, Peralta, Bersamin, Perez and Mendoza could have easily dissented therefrom, in keeping with the practice observed in this Court, but none of them dissented.[67]  Deliberations took place not only on the main FASAP case in G.R. No. 178083, but also on many other cases calendared for the day. Justices Brion, Peralta, Bersamin, Perez and Mendoza, as regular or additional Members of the Second Division, in fact signed several other Decisions and Resolutions of the Second Division of this Court promulgated on 07 September 2011, as listed below.[68] If any of them felt that they could not participate in the deliberations in the main FASAP case in the manner that the Constitution required them to, they could have easily done so by either requesting deferment of the discussion to give them time to reflect on the draft resolution, or by writing their own Dissent from the unsigned 07 September 2011 Resolution. None of them did and, thus, the said Resolution remains on record as a unanimous Decision of the Second Division.