With Only One Common Indicator: Prepared By: Gabriel, Jaira Lyana V. Limsico, Angelika B. No. 208566, November 19, 2013)

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CHAPTER 1 – INTRODUCTION action.

Therefore, since there appears to


Prepared by: be no standing law which crystallizes the
Gabriel, Jaira Lyana V. policy on political dynasties for
Limsico, Angelika B. enforcement, the Court must defer from
ruling on this issue.” (Belgica v. Ochoa, G.R.
LOGIC No. 208566, November 19, 2013).
- is the study of principles and methods of
good reasoning. It is the science of With only one common indicator
reasoning which aims to determine and “In this relation, it is apropos to note that
lay down the criteria of good (correct) the 2013 PDAF Article cannot be properly
and bad (incorrect) reasoning. deemed as a legal appropriation under
the said constitutional provision precisely
- It is by means of logic that we clarify our because, as earlier stated, it contains
ideas, assess the acceptability of claims post-enactment measures which
and beliefs we encounter, defend and effectively create a system of intermediate
justify our assertions and statements, appropriations.” (Belgica v. Ochoa, G.R. No.
and make rational and sound 208566, November 19, 2013).
decisions.
Without the common indicators
ARGUMENT, in logic “MMDA’s campaign to get rid of sidewalk
- is a claim put forward and defended with vendors is right. The proliferation of these
reasons. sidewalk vendors slows down the
- It is a group of statements in which one movement of vehicles.”
statement is claimed to be true on basis of
another statement. - Questions to be raised in analyzing the
- Basic elements: content and structure of arguments
1. CONCLUSION (ICBA)
 the statement that is being 1. What are the issues and problems being
claimed to be true. raised?
 Common indicators: 2. What is the chief claim of the argument?
therefore, so, thus, hence 3. What are the bases and premises to
2. PREMISE support the claim?
 the statement that serves as 4. What are the crucial assumptions implicit
the basis or support of the in one’s reasoning?
conclusion.
 Common indicators: Explanation Argument
because, since, for, due to
Examples: It is an attempt to
show WHY
With the common indicators for both something is the It is an attempt to
conclusion and premise case. show that
“At the outset, suffice it to state that the It is not meant to something is the
foregoing provision is considered as not prove or justify the case.
self-executing due to the qualifying truth of a
phrase "as may be defined by law." In this particular claim.
respect, said provision does not, by and of Both use the indicator word “because.”
itself, provide a judicially enforceable
constitutional right but merely specifies Both give reasons, however;
guideline for legislative or executive in explanations, in an argument,
the reasons show the reasons are If the President dies
what are usually intended to or is permanently
the causes or provide grounds disabled, then the
factors that show to justify a claim Vice President
how or why a thing to show that it is becomes the
president
came to exist. true

Example:

Hubert Webb and


company were
acquitted by the COMPONENTS OF LEGAL REASONING
Supreme Court
because the court 1. Issue
found inherent - What is being argued?
inconsistencies in - Any matter of controversy or uncertainty, an
the evidences issue is a point in dispute, in doubt, in
provided by the question, or simply up for discussion or
prosecution. consideration
- Formulated in an interrogative sentence
2. Rule
- What legal rules govern the issue?
Unsupported - It should be specifically cited.
Argument
opinion - It may also take the form of cases or
principles that courts have already decided.
It is a statement It is an attempt to - Three parts:
about what a show that a. test – set of elements, collectively
speaker or writer something is the called a test
happens to believe. case. b. result – occurs when all the
elements are present and the test
It can be true or
is satisfied
false, rational or
irrational. c. a causal term that determines
whether the result is mandatory,
Example: prohibitory, discretionary, or
declaratory
I believe that the 3. Facts
current ‘anti- - What are the facts that are relevant to the
bullying’ campaigns rule cited?
aimed at today’s - It should not be one-sided.
adolescents are - Material facts – facts that fit the element of
useless and will only the rule; the rule would be satisfied if the
create a future facts of the present case cover all the
society that is full of
elements of the rule
wimps
4. Analysis
- How applicable are the facts to the said
Conditional rule?
statements

It contains an if- WHAT TO CONSIDER IN ACCEPTING THE TRUTH


then relationship. IN A PREMISE OR EVIDENCE (CoGeCo)
There is no claim 1. Coherence to credible sources of information
that one statement 2. The general set of facts presented
is true because of 3. Conciseness of facts
the other statement.

Example:
Source:
(Evangelista and Aquino, Legal Logic, 2015)

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