In the earlier case of Ang Ladlad, (GR No. 190582, April 8, 2010) Justice Del Castillo appeared to have committed plagiarism as well. Our study is only preliminary but the exigencies of the situation have compelled us to make this public.
In the Ang Ladlad decision allowed a gay rights group to run in the party-list elections, and was released 20 days earlier than the Vinuya decision. The ponente here is also Justice Del Castillo.
The relevant passages are as follows:
Del Castillo ponente (Ang Ladlad), p. 21
Freedom of expression constitutes one of the essential foundations of a democratic society, and this freedom applies not only to those that are favorably received but also to those that offend, shock, or disturb. Any restriction imposed in this sphere must be proportionate to the legitimate aim pursued. Absent any compelling state interest, it is not for the COMELEC or this Court to impose its views on the populace. Otherwise stated, the COMELEC is certainly not free to interfere with speech for no better reason than promoting an approved message or discouraging a disfavored one.
The European Court of Human Rights case of Handyside v. United Kingdom, 7 December 1976, 1 EHRR 737 para. 49:
Freedom of expression constitutes one of the essential foundations of [a democratic] society, one of the basic conditions for its progress and for the development of every man … it is applicable not only to ‘information’ or ‘ideas’ that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb the State or any sector of the population. Such are the demands of pluralism, tolerance and broadmindedness without which there is no ‘democratic society’.
We wonder if this is also the fault of MS Word