Adrian Rufo P.

Naragas July 18, 2022

Legal Technique & Logic Atty. Miles Selgas

Formal Fallacies
1. Affirming the Consequent
Examples:
 If the defendants were caught during the buy bust operation, then they were found using
marijuana. The defendants were found using marijuana. Therefore, they were caught
during the buy bust operation.
 If the window was broken when the robbery happened, then the suspect entered through
the window. The suspect entered through the window. Therefore, the window was broken
when the robbery happened.
 If the defendant is unconscious then he is not aware of what happened during the
incident. The defendant is not aware of what happened during the incident. Therefore, the
defendant is unconscious.

2. Denying the Antecedent

Examples:
 If they agreed that the monthly interest of the loan will be 10% per annum, then their
agreement must be put into writing. The monthly interest of the loan is only 6% per
annum. Therefore, their agreement should not be put into writing.
 If Pablo is already in delay, then he must pay his obligation to Kate. Pablo is not in delay,
then he is not obliged to pay his obligation to Kate.
 If Matthew is a foreigner living in the Philippines, then he owes temporary allegiance to
the Government of the Philippines. Matthew is a naturalized Filipino Citizen. Therefore,
he does not owe temporary allegiance to the Government of the Philippines.

3. Affirming a Disjunct
Examples:
 Peter is living in the said property or he is the owner of the house. Peter is the owner of
the house. Therefore, Peter is not living in the said property.
 John is at his home or he is in the city. John is at his home. Therefore, he is not in the
city.
 James is diagnosed with narcissistic behavior or he is incapacitated to marry. James is
diagnosed with narcissistic behavior. Therefore, he is not incapacitated to marry.

4. Denying a Conjunct
Examples:
 Saul is both not negligent or in delay. Saul is not negligent. Therefore, Saul is in delay.
 Kamala cannot be both at his home or in the city. Kamala is not at his home. Therefore,
Kamala is in the city.
 The defendant is not both the suspect or the killer. The defendant is not the suspect.
Therefore, the defendant is the killer.

5. Commutation of Conditionals
Examples:
 If the evidence has reasonable doubt, then the suspect is not guilty. Therefore, if the
suspect is not guilty, the evidence has reasonable doubt.
 If the prosecutor is sick, then the hearing must be postponed. Therefore, if the hearing is
postponed, the prosecutor is sick.
 If he was not able to register the land to the Registry of Deeds, then he is not the owner of
the land. Therefore, if he is not the owner of the land, he was not able to register the land
to the Registry of Deeds.

6. Improper Transposition
Examples:
 If John is wounded, then he is the victim. Therefore, if he is not the victim, then he is not
wounded.
 If there is flood, then there must be storm. Therefore, if there no storm, then there is no
flood.
 If there is a fire, then there is smoke. Therefore, if there is no fire, then there is no smoke.

7. The Base Rate

Examples:
 70% of the crime rates relating to robbery cases happens at night here in Davao City.
7/11 operates their business 24/7. Therefore, 7/11 will be robbed.
 Judge Andrew grants 10% chance for injunction cases. Robert is the best lawyer in the
city. Therefore, Robert will win the case.
 John is always late 25% on a typical work day. The base rate for John who is always late
is therefore 25%, and the base rate for him to work on time is 75%.

8. Conjunctive Fallacy
Examples:
 Shaun is a negligent person who does not pay his obligations in time. Shaun will be likely
in huge debt than become a successful man in the future.
 While walking around the streets at night, the Petitioner is more likely to be robbed by
addicts, than by a street gangster.
 While driving a car under the influence of an alcohol, you are more likely to get caught
by the police, than by ant officers of the LTO.

9. The Gambler’s Fallacy

Examples:
 Anna lost her case in the RTC and CA. She is now bound to win her case in the Supreme
Court.
 Ruffa failed to pay her monthly rent for 3 consecutive months this year. She will
probably pay her rent in the 4th month.
 Sambrano was caught using drugs and was detained 2 times already. He will stop using
drugs now that he is caught on the 3rd time.

10. The “Hot Hand” Fallacy

Examples:
 Dennis failed to pay his existing obligation despite several consecutive demands made by
the creditor. Therefore, he will not pay his existing obligation on the final demand made
by the creditor.
 Even after Bais was caught for the 5 th time, she did not remit the proceeds of the
construction materials she sold to the client. Therefore, she will not remit the proceeds of
the said materials if caught on the 6th time.
 Anastacia has won three consecutive cases already, we may believe she has a greater
chance of making the fourth than is actually likely.

11. Multiple Comparison

Examples:
 In the City of Davao, 70% of drug related cases is due to buy bust operations, 20% of the
said cases were due to an informant. 10% is due to unlawful arrest. In the past 6 months,
there has already been 50 new drug cases filed in the Court. 30 of these were due to buy
bust operations. Therefore, 70% of the drug related cases is due to buy bust operation.
 Out of the 100 persons accused of Estafa, it is more likely than not that at least 20 of
them were involved in Ponzi scheme.
 100 people participated in the protest against endo. 70 of the people who attended the
protest were male laborers while the remaining 30 were females of different line of jobs.
Thus, men are more likely the subject of Endo in this country.

12. Illicit Major

Examples:
 All laws published are considered valid. Jurisprudence is not a law. Therefore,
Jurisprudence is not valid.
 The sale of all immovable properties should be made into a contract. A car is not an
immovable property. Therefore, the sale of a car should not be made into a contract.
 All Mayors are public officials. Councilors are not Mayors. Therefore, no Councilors are
public officials.

13. Illicit Minor

Examples:
 All Congressmen are legislators, and all legislators are elected officials. Therefore, all
elected officials are legislators.
 All murder cases are heinous crimes, and heinous crimes are punishable by reclusion
perpetua. Therefore, all crimes punishable by reclusion perpetua are murder cases.
 All judges are professional, and professional people are intelligent. Therefore, all
intelligent people are judges.

14. Exclusive Premises

Examples:
 No administrative laws are jurisprudence. No Jurisprudence are published in the general
circulation. Therefore, some administrative laws are published in the general circulation
 No family homes are movable properties. No movable properties are owned by an infant.
Therefore, some family homes are owned by an infant.
 No murders are homicide. No homicides are performed without malice. Therefore, some
murders are performed without malice

15. Undistributed Middle

Examples:
 All adverse claims are annotated in the title. All liens and encumbrances are annotated in
the title. Therefore, all liens and encumbrances are adverse claims.
 All written contracts are binding between the parties who entered into. All verbal
contracts are binding between the parties who entered into. Therefore, all verbal contracts
are written contracts.
 All lawyers were law students. All jurist were law students. Therefore, all jurist are
lawyers.

16. Drawing an Affirmative Conclusion from a Negative Premise

Examples:
 Psychological Incapacity renders the marriage void. Juan is not psychologically
incapacitated. Therefore, his marriage is valid.
 Criminals are not innocent. John is not a criminal. Therefore, John is innocent.
 Rape is punishable by reclusion perpetua. Peter killed the woman but he did not rape her.
Therefore, Peter should not be punished by reclusion perpetua.

17. Drawing a Negative Conclusion from an Affirmative Premise

Examples:
 All thieves are guilty. All guilty persons are suspects. Therefore, no thieves are suspects.
 All debts in default should be paid. All paid obligations are extinguished obligations.
Therefore, no debts in default are extinguished obligations.
 All marriages celebrated with consent are valid. All valid marriages followed the
essential and formal requisites of marriage. Therefore, no marriages followed the
essential and formal requisite of marriage.

18. The Four-Term Fallacy

Examples:
 All family homes are conjugal properties. All vehicles are movable properties. Therefore,
all family homes are movable properties.
 All lien and encumbrances should be annotated in the registry of deeds. All sale of
immovable properties should be put to writing. Therefore, all lien and encumbrances
should be put to writing.
 All marriages solemnized before the family code is governed by the Civil Code. All
declaration of nullity of marriages are governed by the Family Code. Therefore, all
marriages are governed by the family code.

19. The Existential Fallacy

Examples:
 All suspects are guilty persons. All guilty persons should be sentenced to jail. Therefore,
some suspects should be sentenced to jail.
 All judges were once lawyers. All lawyers practice litigation. Therefore, some judges
should practice litigation.
 All senators are elected officials. All elected officials should be natural born citizens.
Therefore, some senators should be natural born citizens.

20. Illicit Contraposition

Examples:
 Some criminals are bad people, some good people are not criminals
 Some judges are strict, some non-judges are not strict
 Some lawyers can cross-examine during trial, some non-lawyers cannot cross-examin
during trial

21. Illicit Conversion

Examples:
 All criminals are bad people, therefor all bad people are criminals.
 All babies are innocent, therefore all innocent are babies.
 All judges are strict, therefore all strict people are judges.

22. Unwarranted Contrast

Examples:
 Some Accused are guilty of crime charged against him, so some Accused are not guilty
of the crime charged against him.
 Some courts have jurisdiction over the person, so some courts does not have jurisdiction
over the person.
 Some lawyers are professors, so some lawyers are not professors.

23. Illicit Substitution of Identicals (Masked-Man Fallacy)

Examples:
 John saw that Andrew had an unregistered gun with him. John then testifies that he did
not believe that the Andrew owned the said gun. Therefore, Andrew does not have an
unregistered gun with him.
 The man wearing a hoodie is the arsonist. The witness thinks the arsonist drove a
motorcycle. Therefore, the witness thinks the man wearing a hoodie drives a motorcycle.
 Kim had an abortion due to ectopic pregnancy. John thinks that abortion is illegal.
Therefore, Kim’s abortion due to ectopic pregnancy is illegal.

24. Argument from Fallacy

Examples:
 Alex argues that all police officers receive bribe. Pia is a police officer. Therefore, Pia
receives bribe. However, Pia argues that Alex’s argument is fallacious. Therefore, Pia did
not receive a bribe.
 The lawyer argues that all suspected rapists are guilty. Shaun is a suspected rapist.
Therefore, Shaun is guilty. However, the opposing counsel argued that the argument is
fallacious. Therefore, Shaun is not guilty.
 The prosecutor argued that all new judges is prone to err in their decisions. The Kim is a
new judge. Therefore, Kim is prone to err in his decision. However, Judge Kim argued
 that the prosecutor’s argument is fallacious. Therefore, Judge Kim in not prone to err in
his decision.

25. Fallacy of Inconsistency

Examples:
 During trial, Mr. Y testify that on dec. 5, 2020 at 2:00 pm he saw Ms. Z and Mr. A.
shopping at the mall, where in fact during that time Mr. Y was also seen in their house
watching television.
 Mr. Z said that the restaurant foods contained food poisoning. However, the restaurant
was pack with costumers.
 The people’s right to a freedom of speech is protected by the constitution especially the
journalist. However, when rapplers gives biased news to the people, the constitution have
to draw a line and say no more.

26. Fallacy of Enthymeme

Examples:
 Atty. Y phone ring during the trial, the judge punished him for contempt
 Atty. Y ate shrimp for dinner, he’s in the hospital right now.
 Mr. X punch Atty. Y, therefore he is in jail right now.

27. Anecdotal Fallacy

Examples:
 Exercising his academic freedom, the school principal announces that the parents and
student should wear white shirt and black pants during their family day, Ms. Y contends
that every time she wears white shirt and black pants something bad happened to her,
therefore, she suggest on wearing white shirt and black pants is a bad idea.
 Atty. Z suggest to his client that they will wear read during hearing because based on his
experience, if his client will wear something red, they will win the case.
 Ms. X told Mr. Y to put coins inside his shoes to be able to pass the examination.

28. Having Your Cake Fallacy

Examples:
 The people asked the legislators whether the VAWC law will protect the transgender
woman. The legislators answered that the VAWC law also protects marital infidelity.
 The Judge asked the counsel if the Petitioner is capacitated to marry. The counsel
answered that the Petitioner is a good man with a respectable profession.
 In the demand letter served by Patrick, he asked when will Ann pay her obligations. Ann
replied that her remaining obligations amounted to P100,000.00 was used for the
construction of their porch.

29. Non-Sequitur
Examples:
 Mr. Reyes knows how to unlock doors without using keys, therefore, he could be one of
the suspects in the robbery that happened last night.
 My favorite subject is English. Therefore, I should enroll in law school.
 Mr. Cruz is good in public speaking, therefore he should be a lawyer.