Makes me damn proud to be a woman.
Excerpts from the dissenting opinion of the Honorable Justice:
That the power of judicial appointment was lodged in the President is a recognized measure of limitation on the power of the judiciary, which measure, however, is counterbalanced by the election ban due to the need to insulate the judiciary from the political climate of presidential elections. To abandon this interplay of checks and balances on the mere inference that the establishment of the JBC could de-politicize the process of judicial appointments lacks constitutional mooring.
The second ratiocination in the ponencia could thus not remove an added constitutional safeguard by pretending to have examined and concluded that the establishment of the JBC had eliminated all encompassing forms of political maneuverings during elections. Otherwise, reading into the Constitution such conclusion so crucial to the scheme of checks and balances, which is neither written nor tackled, undermines the noticeable silence or restraint exercised by the framers themselves from making a definitive analysis.
To illustrate, the instance given in the fifth ratiocination that having the new President appoint the next Chief Justice cannot ensure judicial independence because the appointee can also become beholden to the appointing authority bears an inconsistent stance. It does not admit or recognize that the mechanism of removal by impeachment eliminates the evils of political indebtedness. In any event, that level of reasoning overlooks the risk of compromising judicial independence when the outgoing President faces the Court in the charges that may be subsequently filed against her/him, and when the appointing President is up for re-election in the peculiar situation contemplated by Section 4, Article VII of the Constitution.
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