UNIVERSITY OF NUEVA CACERES

COLLEGE OF LAW
Nd Semester
SCHOOL YEAR 2019-2020

Course Code: Law126-NDb

Class Schedule: F-S, 5:30-6:30

HAYEEN RODEIZA PALENCIA-MORALES Professor:

MA. VIC JOANNA T. MARTINEZ ATTY. CHARISSA TORRECAMPO-NOBLE

Fallacies of Irrelevance

1. Argumentum ad Hominem

2. Argumentum ad Misericordiam

3. Argumentum ad Baculum

4. Petitio Principii

Argumentum ad Hominem

(Personal Attack)

A fallacy which ignores the issue by focusing on certain personal characteristics of an opponent.

- Instead of addressing the issue presented by an opponent, this makes the opponent the
issue.

- It shifts attention from the issue to the arguer

- Instead of disproving the substance of what is asserted, the argument attacks the person
who made the assertion

Argumentum ad Hominem – 2 Kinds

a) Abusive

- attacks the argument based on the arguer’s reputation, personality or some personal
shortcoming

Example:

Wacky Marky, an action star, says he supports the death penalty because it is an effective
deterrence against murder.
Rajh Jisas argued that this is nonsense because he is just an actor and he know nothing
about death-penalty. Besides, he likes violence because his movies depict a lot of killings.

b) Circumstantial (tu quoque – “you’re another”)

- consists in defending one’s position by accusing his or her critic or other people of doing the
same thing
Example:
 Ex-President Mar Xavier does not have a valid reason to critic the present administration for
favoring the Sogie Bill.
On his previous regime he supported different LGBTQIA+ associations and their activities.

SAMPLE CASE

Santos vs. Aranzanso

(G.R. L-26940)

Private respondents Aranzanso filed a civil case against petitioner Santos praying that the
decree of adoption entered into in the latter’s favor be declared null and void ab initio on the
ground that the application for adoption was not signed by both adopting parents, by the natural
parents, and that the judgment was procured by means of fraud.

Petitioner moved to dismiss the aforementioned case on the grounds of jurisdiction and that
respondents are estopped from impugning the validity of the adoption. She also contended that if
the natural parents were alive, they would never question the adoption because what is more
important for them is the welfare of their adopted daughters.

Note: This statement is a classic example of an argumentum ad hominem since its attributes, without
basis, an attitude to someone long dead which cannot be verified

Argumentum ad Misericordiam

(Appeal to Pity)

A fallacy which argues by evoking feelings of compassion and sympathy when such feelings are not
logically relevant to the arguer’s conclusion

- Persuasion to accept an argument not for its strength but because of the counsel’s
emotional appeal to pity

Examples:

Atty. McGonagall should not make difficult exams in Criminal Law because she should realize the
emotional and psychological repercussions of the sorrow and depression of hard-working, kind-
hearted and extremely gorgeous Block B students who will fail.

Members of the Congress can surely see in their hearts that they need to vote in favor of the
passage of the Gun Bill allowing concealed weapons because their constituents who lobby for
liberalizing firearms will be greatly saddened if they do not do so.

SAMPLE CASE

People vs. Gacott

(G.R. 116049)

Respondent Judge Gacott was sanctioned with a reprimand and a fine of Php 10,000 for
gross ignorance of law. Respondent filed a motion for reconsideration dated 1 April 1995.

He begged with humility that the spreading of the Decision on his personal records be
reconsidered by particularly saying: “I am again begging with humility that the spreading of the
aforesaid Decision on my personal records be reconsidered because doing so will foreclose any
chance for me to aspire for promotion in the judiciary in the future. This is very painful. I will agonize
up to my last day and my last breath in life."

Argumentum ad Baculum

(Appeal to Force)

A fallacy which persuades to accept a position by using threat or pressure instead of presenting
evidence for one’s view.

- The strength of this fallacy lies on the fear that it creates to people which leads them to
agree with the argument

Examples:

Mayor Chinuninu should grant Don Gerard the special permit to hold derbies in the Municipality of
Bula. Of course, the mayor would not want Don Gerard to withdraw his 2-million donation which will
fund his mayoral re-election.

If this physician’s medical malpractice suit will prosper, professional and consultation fees will go up
which most people may not afford anymore.

The Department of Transportation needs to reconsider the speed limit proposals on highways for
the simple reason that if they do not, their departmental budget for Department of Transportation
will be cut by 25%

Threats that are not fallacious

Angie to Ysrabels: Nonoy, you must not stay late at the party. There is a lot of danger in traveling
late at night. You might get raped or robbed.

UN to North Korea: If you don’t stop manufacturing nuclear missiles, then we will have no choice but
to remove your nuclear facilities by force which can provoke an all-out nuclear war. Neither of us
wants this war. Therefore, you should get rid of your nuclear missiles.

Note: However, not all threats involve fallacies. There are times that it is right to point out the dire
consequences that a particular course of action can bring about. If certain consequences are a
natural outcome of an action, calling attention regarding that will be very much appreciated.

Petitio Principii

(Begging the Question)

A fallacy which persuades by means of the wording of one of its premises, which in effect, the
listener is “begged” to accept it.

- Even though the conclusion is clearly not justified by the premise, the listener is, in effect,
“begged” to accept it.

- What seems to be an evidence is actually a form of the conclusion in disguise

Petitio Principii – Types

a) Arguing in Circle
- States or assumes as a premise the very thing that should be proven in the conclusion

Example:

Lendon has committed concubinage. This claim is true because he had an extramarital affair
with his secretary.

b) Question-Begging Language

- Discussing an issue by means of language that assumes a position of the very question at
issue, in such a way as to direct the listener to that same conclusion

Example:

Prosecutor to witness: “Would you tell us Ms. Victoria Kadeja, about the nature of your
relationship with the rapist, Mr. Chu?”

Abortion should not be legalized because it is an act of killing an innocent, defenseless human
being.

c) Complex Question (“Loaded Question”)

- Asking a question in which some presuppositions are buried in that question.

Example:

“Did you and your brother went to the mall with the victim and gave him the drug?”

d) Leading Question

- Consists in directing the respondent to give a particular answer to a question at issue by the
manner in which the question is asked.

Examples:

“You were outside the country when the crime was committed, weren’t you?”
“Do you want our relationship to end over something as trivial as this?”

◈ Source: Legal Logic

⬩ By Francis Julius Evangelista & David Robert C. Aquino

Prepared by:

Hayeen Rodeiza Palencia-Morales

Ma Vic Joanna Martinez