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MIDTERM EXAM IN LEGAL TECHNIQUE AND LOGIC

Prof. Lhem J. Naval, Esq.

I. MODIFIED TRUE OR FALSE. Write TRUE if the statement is true, however if it is false
change the underlined term with the correct answer.

1. While experience goes into the crafting of law, the application of the law has to be legal,
otherwise it is unreasonable, and if unreasonable, unfair.
2. Logic is defined as the science of correct thinking.
3. Litigation is the manner lawyers, judges and jurist converse publicly in matters involving the
law.
4. Fact is a general term that deals with any interesting question or controversy worthy of
discussion and interpretation.
5. Rules refer to occurrences that can be verified or proved to be true through observation or
research.
6. Judicial decision is a methodical examination and appraisal of facts, making the correct
prefatory determination as to which facts in the question are legally important.
7. Generally interpreted as mental representational images of some object, terms can also be
abstract perceptions bereft of mental images.
8. A particular term is one which can be used in the same sense of only one individual thing.
9. A term is universal if it refers to almost all individuals signified by the term. It is one which can
be used in the same sense distributively of many things.
10. A collective term is one which signifies the presence of some attribute.
11. Synonymous definition gives the history of terms, their origins, and how their form and
meaning have changed over time.
12. Judgment is the oral operation that pronounces the agreement or disagreement between two
concepts.
13. A term is concrete if its referent is intangible or can be understood only by the mind and cannot
be perceived by the senses.
14. Real definition expresses us what the term is, not just what the word means.
15. A proposition is a declarative sentence that is either true or false. It is the pronouncement of
the judgment.

II. ESSAY. Answer briefly and straight to the point.

1. Distinguish sentence from proposition. (5%)

2. After the witness has been directly examined via his judicial affidavit, the judge turned to the
prosecution and asked if he is going to cross-examine, the prosecution replied, “Yes, your
honor, I am going to cross-examine the witness to prove to this honorable court that the
testimony of the same is as crooked as his body.”

a. What was the fallacy committed, if any, by the prosecution? Explain. (3%)
b. If you were the judge, how would you deal this matter? (5%)

3. What is a jurist? How does it differ from a lawyer? (4%)

4. Enumerate and explain the rules of a good definition. (8%)

5. Identify the following definitions if they are good or not good. Reason out briefly why.

a. A woman is a married mother. (2%)


b. A square is a four-sided polygon. (2%)
c. Lawyer is someone who makes crime pay. (2%)
d. Eyeglasses are glasses for the eye. (2%)
e. Man is a rational animal. (2%)

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6. When confronted by fellow office staff, Juan replied, “No one should criticize me for taking
pencils, paper clips, or other office supplies. Who doesn’t?” is Juan’s reason valid? (5%)

7. “Karen Davila, the well-known news anchor, says that Atty. Abbu Gado’s book is the best
political law book in the whole world. I believe here since the word of such a great journalist
should not be disputed.” Resolve on the validity of the argument. (5%)

8. Manny Pacquiao ia a great boxer; But Manny Pacquiao is a Visayan; Therefore, All Visayans
are great boxer.
Rule on the validity of the argument. (5%)

9. “Carol fitted her gown the night before her wedding; that is why the wedding was called off.” Is
the statement logical? (5%)

10. Distinguish deductive from inductive argument. Cite example. (5%)

11. As Rosa’s prayer for relief suggests, what she wants is for the Court to annul her marriage on
the bases of its findings in Administrative Matter. No. 5333. Obviously, she is of the impression
that since her charges in A.M. No. 5333 were found to be true, justifying the suspension of
Justo from the practice of law, the same charges are also sufficient to prove his psychological
incapacity to comply with the essential marital obligations. Is Rosa’s contention tenable? Argue
with logical basis.(5%)

12. You keep defending the rights of drug pushers and criminals—that means you don't care about
the rights of the victims! Rule on the validity of the argument. (5%)

13. Answer the following jurisprudence using the Elements of Legal Reasoning. (20%)

Summarize and identify the:

a. Facts: (Summarize the important facts within 7-10 sentences.)

b. Issues: (Give at least two issues.)

c. Rule: (Give the Decision of SC on two issues)

d. Analysis: Was the SC correct in upholding the case? Explain very briefly.

REPUBLIC OF THE PHILIPPINES, Petitioner

vs. MARELYN TANEDO MANALO, Responsdent

G.R. No. 221029

Promulgated: April 24, 2018

Marelyn Tanedo Manalo was previously married in the Philippines to a Japanese


national named Yoshino Minoro. A case for divorce was filed by the petitioner Manalo in
Japan and after due proceedings, a divorce decree dated December 6, 2011 was rendered
by the Japanese Court.

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Manalo filed a petition for cancellation of entry of marriage in the civil registry of San
Juan, Metro Manila, by virtue of a judgment of divorce rendered by a japanese court and
that she be allowed to return and use her maiden surname, Manalo.

RTC denied the petition for lack of merit. It ruled that the divorce obtained by Manalo
in Japan should not be recognized based on Article 15 of the New Civil Code which does not
afford Filipinos the right to file for a divorce, whether they are in the country or living
abroad, whether married to a filipino or to foreigners or if they celebrated they marriage in
the Philippines or in another country and that unless Filipinos are naturalized citizens of
another country, Philippine laws shall have conrol over issues related to Filipinos’ family
rights and duties, together with the determination of the condition and legal capacity to
enter into contracts and civil relations including marriages.

The Court of Appeals overturned the RTC decision and held that Article 26 of the
Family code of the Philippines is applicable even if it was Manalo who filed for Divorce
against her Japanese husband because the Decree they obtained makes the latter no
longer maried to the former, capacitating him to remarry; that the fact that it was Manalo
who filed the divorce case is inconsequetial. CA ruled that the meaning of the law should be
based on the intent of the lawmakers and in view of the legislative intent behind Article 26,
it would be the height of injustice to consider Manalo as still married to the Japanese
National, who in turn is no longer married to her.

The Court decided that the filipina spouse who initiated the divorce and has succesfully
obtained a divorce decree against an alien spouse may remarry under Art. 26 of the Family
Code of the Philippines.

The Purpose of Article 26 (2) of the Family code of the Philippines is to avoid the
absurd situation where the Filipino spouse remains married to the alien spouse who, after
a foreign divorce decree that is effective in the country where it was rendered is no longer
married to the Filipino spouse.

Even if the word obtained should be interpreted to mean that the divorce proceeding
must be actually initiated by the alien spouse, still the court will not follow the letter of the
statute when to do so would depart from the true intent of the legislature or would
otherwise yield conclusions inconsistent with the general purpose of the act.

Indeed, where the interpretion of a statute according to its exact and literal import
would lead to mischievous results or contravene the clear purpose of the legilature, it
should be construed according to the spirit and reason, disregarding as far as necessary
the letter of the law. A statute may, therefore be extended to cases not within the literal
meaning of its terms, so long as they come within its spirt or intent.

Whether the filipino spouse initiated the foreign divorce proceeding or not, a favorable
decree dissolving the marriage bond and capacitating his or her alien spouse to remarry
will have the same result. Therefore, the subject provision shall not make a distinction.

The existence of Article 26 (2) of the Family Code of the Philippines is a testament
that the state may provide for an exception thereto. Moreover, blind adherence to the
nationality principle must be disallowed if it would cause unjust discrimination and
oppression to certain classes of individuals whose rights are equally protected by law. The
courts have the duty to enforce the laws of divorce as written by the Legislature only if they
are constitutional.

The limitation of the provision only to a foreign divorce decree initiated by the alien
spouse is unreasonable as it is based on superficial, arbitrary and whimsical classification.

There is no real and substantial difference between a filipino who initiated a foreign
divorce proceedings and a filipino who obtained a divorce decree upon the instance of his or
her alien spouse. To make a distinction between them based merely on superficial
difference of whether they initiated the divorce proceedings or not is utterly unfair. Indeed,
the treatment gives undue favor to one and unjustly discrimate against the other. Further,
the differentiation is arbitrary. There is inequality in treatment because a foreign divorce
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decree that was initiated and obtained by a filipino citizen against his or her alien spouse
would not be recognized even if based on grounds similar to Articles 35,36, 37 and 38 of
the family court.

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