Chief Justice Panganiban’s Dissent: A Brief Observation

Abstract / Excerpt:

Their are various reasons for dissenting judicial opinions. These include correcting flaws in majority reasons; safeguarding the integrity of decision-making by keeping the majority accountable; providing a tool of collegiality, legitimacy, and authority of the judicial power; favoring the dialogue with the past, the present, and the future; and articulating imagination and reality.

The dissenting opinions of the chief Justices of the Supreme Court may not be cited in subsequent cases, but they have been read and taken as salient points in the discussion of how best a law may be interpreted and appreciated. From among the different reasons for dissent, the author submits that the basis for former Chief Justice Artemio Panganiban's dissent in these three cases is to correct flaws in the majority's reasons.

Full Text

Their are various reasons for dissenting judicial opinions. These include correcting flaws in majority reasons; safeguarding the integrity of decision-making by keeping the majority accountable; providing a tool of collegiality, legitimacy, and authority of the judicial power; favoring the dialogue with the past, the present, and the future; and articulating imagination and reality.

The dissenting opinions of the chief Justices of the  Supreme Court may not be cited in subsequent cases, but they have been read and taken as salient points in the discussion of how best a law may be interpreted and appreciated. From among the different reasons for dissent, the author submits that the basis for former Chief Justice Artemio Panganiban's dissent in these three cases is to correct flaws in the majority's reasons.

Info
Source JournalMindanao Law Journal
Journal VolumeMindanao Law Journal Vol. 4 No. 4
AuthorsPilariza Racho-Baldivino
Page Count5
Place of PublicationDavao City
Original Publication DateJanuary 1, 2013
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