4/9/15

Session on Logic of
Legal Reasoning and
the Basic Concepts of
Logic

1. The rule of law rests on

legal reasoning.
Similar cases should be decided
similarly.

Each case should be decided on

the merits.

Reasoning behind each case

should comply with the rules of
PROCEDURE and EVIDENCE.

2. Reasoning techniques we
employ as lawyers

Action-oriented It evaluates decisions and

actions.
Eg. DFA, DOH, NBI

It balances epistemic objectives of the law

against the applicable non-epistemic
objectives.
Eg. the work of ERC, SEC, Labor Arbiters,
DOJ

Limited time, resources and information

4/9/15

3. Three (3) Types of Legal

Reasoning

1.Rule-based
Reasoning

2.Evidence evaluation
3.Second-Order
Process Reasoning

Prima Facie Judy Ann Tax

Evasion Case

Prima Facie Judy Ann

Santos Tax Evasion Case
Section 248 (B) NIRC provides that the

presumption of fraud in cases of SUBSTANTIAL

underdeclaration of 30%, which constitutes as
prima facie evidence of false or fraudulent return,
punishable under Section 254 (willful attempt to
evade or defeat tax) and 255 (failure to file return
or supply correct/accurate info) of the Code.

Underdeclaration of at least 84%

Tax court dismissed the case reversing the willful

blindness doctrine which means that an individual

or corp can no longer say that the errors on their
tax returns are not their fault but their
accountants.

4/9/15

Affirmative Defense Oscar

Pistorius Murder Case

Affirmative Defense SelfDefense vs. Murder

On Valentines Day 2013 He fatally shot his

girlfriend, Reeva Steenkamp, at their home. He

claimed that he mistook Steenkamp for an intruder
and shot her three times through a locked toilet
door.

Under South African criminal law, self-defense

excludes criminal liability. The court has to
determine w/not the mistake was reasonable.

Generalized anxiety disorder distrusting and

guarded

2014 He was found guilty of culpable homicide.

Changing the rules as a

result of reasoning
Windsor vs. United States (married in Canada)
DOMA (1996) violation of due process clause

4/9/15

United States Supreme Court held that

restricting U.S. federal interpretation of
"marriage" and "spouse" to apply only to
heterosexual unions, by Section 3 of the
Defense of Marriage Act (DOMA), is
unconstitutional under the Due Process
Clause of the Fifth Amendment; Justice
Kennedy wrote: "The federal statute is
invalid, for no legitimate purpose overcomes
the purpose and effect to disparage and to
injure those whom the State, by its marriage
laws, sought to protect in personhood and
dignity."[4]

5. Evidence Evaluation
D eciding which evidence is
relevant to which issues of fact to
prove the ultimate issue of fact.

P r o p o s i t i o n s = e v i d e n t i a r y
assertions

Rules, witnesses and evidence

create the evidentiary assertions.

Ultimate Issue to be Proved

Legal Rules

Evidence

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SC Decision: Dismissal of an employee of a Catholic

school on the grounds of premarital sexual relations
& pregnancy out of wedlock was illegal.
Legal Rules

Evidence

1992 Manual of Regulation for

Private Schools provide that
disgraceful or immoral conduct is
a just cause for termination of
employment.

The teacher bore a child out of

wedlock.

The Supreme Court ruled:

1. The school, at the time of the controversy, did not have any policy
or rule against an employee engaging in pre-marital sexual
relations.
2. The school failed to prove that her pregnancy caused a grave
scandal to the school.
3. The law refers to secular morality, that is, it must not be
detrimental to those conditions which depend on the existence and
progress of human society.

6. Second-Order Process
Reasoning

Process decisions (a) procedural and (b)

evidentiary

Procedural addresses issues as general as

jurisdiction or the propriety of particular
filings. (eg. Decisions of the labor arbiter are
immediately executory.)

Evidentiary address issues about the

admissibility and legal sufficiency of evidence
and standards of proof. (eg. Two Wives Privileged communication under our Rules of
Evidence)

7. Civil Law vs. Common

Law Tradition
CIVIL LAW

COMMON LAW

Origin

France

Battle of Hastings
(Anglo-Saxon England)

Where

U.S. and UK

Europe and Latin

America

Basis

Constitution and legislation

Judicial opinions in
each case

Characteristics

Inferior courts are not bound

by superior courts (no
precedents)

Stare decisis (doctrine

of precedents or law of
the case), Ratio
decidendi (publicly
stated reason), lower
court follow higher
courts, recency of
decisions

4/9/15

The Philippines = Mixture of

common law and civil law
CIVIL LAW

COMMON LAW

Legislative Power authority to

make laws, to alter and repeal
them; vested in Congress, except
to the extent reserved to the
people by the provision on
initiative and referendum. (Article
VI, Section 1, 1987 Constitution)

Judicial Power duty of the

courts of justice to settle
justiciable controversies or
disputes involving rights which
are legally demandable and
enforceable, and to determine
whether or not there has been
grave abuse of discretion
amounting to a lack or excess of
jurisdiction on the part of any
branch or instrumentality of the
government; vested in the
Supreme Court and in such lower
courts as may be established by
law (Article VIII, Section 1, 1987
Constitution)

Basic Concepts in Logic

A. DEFINITION OF LOGIC the study of
correct thinking.

B. PROPOSITION (building block of logic)

something that can be asserted or denied.

C. ARGUMENT any group of propositions of

which one is claimed to follow from the

others, which are regarded as providing
support of grounds for the truth of that
one.

D. PREMISE OTHER PROPOSITIONS WHICH

ARE AFFIRMED OR ASSUMED AS PROVIDING
SUPPORT OR REASONS FOR ACCEPTING THE
CONCLUSION
E. CONCLUSION THE PROPOSITION THAT
IS AFFIRMED ON THE BASIS OF THE OTHER
PROPOSITIONS OF THE ARGUMENT.
F. INFERENCE THE PROCESS BY WHICH
ONE PROPOSITION IS ARRIVED AT AND
AFFIRMED ON THE BASIS OF ONE OR MORE
OTHER PROPOSITIONS ACCEPTED AS THE
STARTING POINT OF THE PROCESS.

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INFERENCE
1.Rule-Based
2.Evidence Evaluation
3.Second Order Process Reasoning

Premises

Argument

Conclusion

Inference
1. Rule-Based Defn. of Robbery (any person, with intent to gain, shall
take any property belonging to another)
2. Evidence Evaluation - affidavits and physical evidence
3. Second Order Process Reasoning admissibility of evidence (in the
car)

Premises
1. No positive
identification.
2. Witness, Mr. B, is not
credible.
3. Waitress narrated in
an affidavit that Mr. C
was drinking at The Pit.

Argument
MR. C DID NOT COMMIT
THE ROBBERY BECAUSE
HE WAS DRINKING AT
THE PIT.

CONCLUSION NOT
GUILTY OF ROBBERY

Happy Weekend!