Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS.
First Regular Session

HOUSE BILL NO. __~ 3729

introduced by Rep. Winston “Winnie” Castelo

EXPLANATORY NOTE

First off, let it be laid that it is the “declared policy of the State to maintain honesty
and integrity in the public service and to take positive and effective measures against graft
and corruption.”

Secondly, the act of plagiarism has cast its blinding shadows not just in the academe
but even in high places. More contemporary examples to illustrate this view are the case of
the alleged ‘copying’ of brand by a line department and the show-cause order against the
UP College of Law faculty.

Thirdly, never before has the act of plagiarism been meted out as a criminal act but
merely confronted as a moral infringement and therefore aliotted with disciplinary action.

|, the author, view that we can now propose of criminalizing plagiarism and providing
penalties therefor precisely to strengthen that State policy of promoting honesty and

integrity in the public service
The urgent passage of this legislative measure which may be characterizéd as one
of landmark legislations in that it is first ever, is heretofore, eamestly pray&d for.
/

a ee,
WINSTO! NIE" CASTELO
2nd District, Quezon City

ye i



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. _ 37 29

Introduced by Rep. Winston “Winnie” Castelo

AN ACT
CRIMINALIZING PLAGIARISM, PROVIDING PENALTIES THEREOF,
AND FOR OTHER PURPOSES.

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

Section 1. Short Title. — This Act shall be known and cited as the “Anti-
Plagiarism Law of the Philippines”.

Sec. 2. Declaration of State Policy. — It is the declared policy of the
State to maintain honesty and integrity in the public service and to take positive
and effective measures against graft and corruption.

Sec. 2. Definition of Terms. — Plagiarism shall be defined as the
unauthorized use or close imitation of the language and thoughts of another
author and the representation of them as one’s own original work.

Sec. 3. Plagiarism as a Crime. — Under this Act, plagiarism ceases to
be categorized as a mere copyright infringement and becomes a reprehensible
act, the commission whether intentional or unintentional, shall be punishable.

Plagiarism is committed under any of the following conditions, namely:

1. presence of predominantly ulterior intent

2. unfair use of copyrighted material

3. moral rights of copyright holders are transgressed

4. use of copied materials without attribution to the author
5. passing off of the work of another as one’s own


Sec. 3.
a)

b)

°)

qd)

Sec. 4.

Application of Penalties.

Penalty to be imposed if committed by a public official or
employee would be dismissal from the service and
imprisonment for a period to be determined by a
competent court.

Penalty to be imposed if committed by a government
lawyer would be disbarment and that of prision mayor.
Penalty to be imposed if committed by a justice would be
disbarment and that of reclusion perpetua.

Penalty to be imposed if committed by a student, a
private individual, or private employee would be dismissal
from school, organization or firm, respectively and
imprisonment for a period to be determined by a
competent court.

Repealing Clause. — All other general and special laws, acts,

decrees, executive orders, proclamation, administrative rules and regulations, or
part thereof, inconsistent with the provisions of this Act are hereby repealed,
amended or modified accordingly.

Sec. 5. Implementation. - The Secretary of the Department of Justice
shall immediately insure incorporation of this Act into the Revised Penal Code of

the Philippines.

Sec. 6. Effectivity. - This Act takes effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,