INTRODUCTION

to
LEGAL TECHNIQUE & LOGIC
LAGDAAN
LIN
LOGIC AND LAW
LOGIC
 study of the principles and methods of good reasoning
 science of reasoning which aims to determine and lay down the criteria of good
(correct) reasoning and bad (incorrect) reasoning

FUNDAMENTAL CONCEPTS
1. Argument
2. Inference
3. Truth
4. Falsity
5. Validity

PRACTICAL VALUE OF LOGIC

 Clarification of ideas
 Assessment of acceptability of claims and beliefs and statements
 Defending and justification of assertions
 Making rational and sound decisions

DIFFERENCE OF PSYCHOLOGY (reasoning) AND LOGIC

PSYCHOLOGY
 Concerns on how people reason
 Looks for patterns of behavior, speech, or neurological activity that take place in
the process of reasoning

LEGAL REASONING
 Used when applying laws, rules and regulations to particular facts and cases
 Used when interpreting constitutions and statutes
 Used when balancing fundamental principles and policies
 Used when evaluating evidences and making judgments and render legal
decisions

IMPORTANCE/USES OF LOGIC AND LEGAL REASONING IN THE

LEGAL PROFESSION
 Justification of a claim
 Defending a proposition
 Assessment of the strength of evidences
 Rendering of judicious decisions

ARGUMENT
-A claim put forward and defended with reasons.
-Group of statements in which one statement is claimed to be true on the basis
of another statements.

BASIC ELEMENTS OF AN ARGUMENT

1. CONCLUSION – statement that is being claimed to be true
2. PREMISE – statement that serves as the basis or support of conclusion
Determining the logic of arguments
- Ability to analyze the structure and content of arguments:
o Issues, problems being raised
o Chief claim of the argument
o Bases and premises to support the claims

INDICATORS
Conclusion
 Therefore
 Thus
 So
 Hence

PREMISE
 Because
 For
 Since
 Inasmuch

Example:
 The evidence presented by the prosecution was obtained through wiretapping.
However, it is unlawful for any person, not being authorized by all the parties to
any private communication, to tap any wire or cable to secretly overhear,
intercept or record such communication. Therefore, such evidence will not be
admissible in this particular judicial investigation.

 Abortion should not be legalized even in cases of rape and incest because it is
not morally permissible to kill an innocent, defenseless child due to someone
else’s fault.

Some arguments do not have an indicator.

Example:
MMDA’s campaign to get rid of sidewalk vendors is right. The proliferation of
these sidewalk vendors slows down the movement of vehicles causing heavy
traffic.
Recognizing arguments
Distinguishing ARGUMENTS from NON-ARGUMENTS
EXPLANATION
o Example: Hubbert Webb and company were acquitted by the Supreme Court
because the court found inherent inconsistencies in the evidences provided by
the prosecution.

ARGUMENT
o Any law that prohibits people from expressing their views is unconstitutional
because our Constitution guarantees the freedom of speech.

Opinion
o Statements about what a speaker or writer believes
o Statements can be true or false
Example: I agree with the proposed Juvenile Justice Welfare Act being discussed
at present in a bicameral conference committee of the Congress. Republic Act
9344 must be amended. The minimum age of criminal liability must be lowered
from 15 to 12.

Conditional statements
o Contains an if-then relationship.
 o Two basic components: the antecedent (if-clause) and the consequent (then-
clause)
Conditional Stament: If the Philippines adopts a parliamentary government, then we will
not elect a President anymore.
Argument: We will not elect a President anymore because the Philippines
adopted a parliamentary government.

COMPONENTS OF LEGAL REASONING

Other Component
1. ANALYSIS
2. CONCLUSION
Essential Components
1. FACTS
-Main plot of the argument
-narrating the points to be considered in an argument
-only material facts are needed to satisfy the rule in arguments.
2. ISSUE
-any matter of controversy or uncertainty
-point in dispute, in doubt, in question or simply up for discussion or
consideration
-In law, it pertains to the legal matter not just any controversy question.

-The significance of the argument depends on the very issue the argument is
addressing.

Note that issue of the argument is different from the topic

3. RULE
-citing the legal basis
 Statutes
 Ordinances
 Jurisprudence (if necessary)

According to Richard Neumann (published of 5th ed. Of Essential

Lawyering; and Professor of Hofstra Law), there are three parts of rule:
First, “a set of elements, collectively called TEST”
Second, “a result that occurs when all the elements are present (and the
test is thus satisfied.)
Lastly, “a causal term that determines whether the result is mandatory,
prohibitory, discretionary or declaratory”

OTHER COMPONENTS
1. ANALYSIS
- linking between facts and rule
- assessing whether the material facts fit to the rule
2. CONCLUSION
- implication of applying the rule to the facts
- ultimate end of the legal argument

SAMPLE CASE:

Fujuki vs Marinay GR no. 196049

Petitioner Minoru Fujiki (Fujiki) is a Japanese national who married

respondent Maria Paz Galela Marinay (Marinay) in the Philippines on 23
January 2004. The marriage did not sit well with petitioner’s parents.
Thus, Fujiki could not bring his wife to Japan where he resides.
Eventually, they lost contact with each other.
 In 2008, Marinay met another Japanese, Shinichi Maekara (Maekara).
Without the first marriage being dissolved, Marinay and Maekara were
married on 15 May 2008 in Quezon City, Philippines. Maekara brought
Marinay to Japan. However, Marinay allegedly suffered physical abuse
from Maekara. She left Maekara and started to contact Fujiki. Fujiki and
Marinay met in Japan and they were able to reestablish their relationship.
In 2010, Fujiki helped Marinay obtain a judgment from a family court in
Japan which declared the marriage between Marinay and Maekara void on
the ground of bigamy. On 14 January 2011, Fujiki filed a petition in the
RTC entitled: “Judicial Recognition of Foreign Judgment (or Decree of
Absolute Nullity of Marriage).”

Issue:

Whether a husband or wife of a prior marriage can file a petition to

recognize a foreign judgment nullifying the subsequent marriage between
his or her spouse and a foreign citizen on the ground of bigamy.

Rule:

The recognition of the foreign divorce decree may be made in a Rule 108
proceeding itself, as the object of special proceedings (such as that in
Rule 108 of the Rules of Court) is precisely to establish the status or right
of a party or a particular fact.”Rule 108, Section 1 of the Rules of Court
states:

Sec. 1. Who may file petition.  — Any person interested in any act, event,

order or decree concerning the civil status of persons which has been
recorded in the civil register, may file a verified petition for the
cancellation or correction of any entry relating thereto, with the Regional
Trial Court of the province where the corresponding civil registry is
located.

There is no doubt that the prior spouse has a personal and

material interest in maintaining the integrity of the marriage he
contracted and the property relations arising from it.

EVALUATING LEGAL REASONING

Two General Criteria

1. TRUTH
2. LOGIC

TRUTH
-presentation of the facts which pertains to the question of truth

-It is necessary for the conclusion of legal argument to be grounded on factual

basis, for if premises that are meant to establish the truth of the legal claim is
questionable.

LOGIC

- interference (deriving the legal claim or judgment given to the laws and facts)
which pertains to the question of logic
- The connection between the facts and the rule must be logically coherent that
the movement from the facts to the analysis and to main claim must be valid