4/9/15

Session on Reasoning
Faculty of Civil Law
University of Santo Tomas
27 March 2015

Review
PROPOSITIONS are something

which can be asserted or denied.

ARGUMENT is any group of

propositions of which one is claimed to

follow from the others, which are
regarded as providing support of
grounds for the truth of that one.
(premise inference conclusion)

INFERENCE
Deductive Rule-Based
Inductive Evidence Evaluation
Premises

Argument

(ANTECEDENT)

Conclusion
(CONSEQUENT)

SEQUENCE
Connection by which the
consequent flows WITH
LOGICAL NECESSITY
from the antecedent

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DEDUCTION AND
INDUCTION

SEATWORK
INSTRUCTIONS:
1. Indicate first whether you will answer the

question using DEDUCTIVE or

INDUCTIVE reasoning.
2. Answer the question to the best of your

ability.
Note: The shorter the answer, the better.

CONSTITUTIONAL LAW
(1) The new Bail Bond Guide provides that stifler amounts for bail

as low as P500,000 to P1 Million (to be paid only in cash) shall be

recommended in drug cases involving foreigners. The Guide
ratiocinates that said amounts shall deter aliens who intend to
engage in drug trade in the Philippines.
The recommended bail for Filipinos, on the other hand, range from
P10,000 to P50,000. Dao Ming Xi, a Taiwanese national, charged
with the illegal sale of drugs, files a case in the SC, praying that
the Bail Bond Guide be declared unconstitutional on the ground
of violation of the equal protection clause, citing the difference in
the amount of bail recommended for Filipinos and aliens as a
violation of the equal protection clause of the 1987 Constitution.
Will Dao Ming Xis case prosper? (You have 20 minutes to
answer.)

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PERSONS AND FAMILY

RELATIONS
(2) Section 5 of RA 9262 or the Anti-Violence against Women and

Their Children Act of 2004 punishes any act causing mental or

emotional anguish, public ridicule or humiliation to the woman
or her child, including but not limited to, repeated verbal and
emotional abuse.
Because of Ninas harrowing experience while doing her rounds as
a doctor in the UST Hospital, wherein her husband, Gio, shouted at
her saying, Putang ina moHindot kabakit sinabi mo kay Olivia
na may sakit ako sa atay. Wala kang pakialam sa akin. Letse ka!
Putang ina mo hindot ka. Hwag kang makikialam sa akin. Sino ka
ba sa akin?, Nina filed a complaint for violation of RA 9262 against
her husband, Gio.

In his defense, Gio, the husband, averred that

Nina did not suffer emotional or psychological
abuse because the words putang-ina mo are
common expressions in the dialect, often
employed to express anger or displeasure, not
slander.
If you were the judge, how would you rule the
case? (You have 20 minutes to answer.)

SECURITIES AND
REGULATION CODE (SRC)
(3) Section 8 of the SRC penalizes the non registration of public offering of
securities in the form of investment contracts. An investment contract exists
when:
a. There is a placement or investment of money;
b. There is an existence of common enterprise;
c. There is an expectation of profits and;
d. Profits will be derived solely from the efforts of others
A complaint for violation of the said provision was filed against Maria
Mercedes, Marimar, Sergio, Angelica and Facundo, incorporators of
Santibanez Futures, a company which complainants Hua Tze Lei and Shancai
claimed to have solicited investments, through the said incorporators,
promising them a very high rate of return, guaranteed by post-dated checks
covering the principal amount of investment, including the promised
interest. They submitted post-dated checks signed by Facundo.

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The incorporators (except Facundo) averred that

they were mere officers on paper as they only
signed the incorporation papers upon the promise
of Facundo that they will have no obligations as it
will be Facundo who will be controlling the
company.
Rule on the case. (You have 20 minutes to answer.)

CRIMINAL LAW
Lola Dadang filed a complaint for Kidnapping
against social workers Fido and Dido for taking
custody of Baby, a 6 year old girl, who was left by her
parents (who were househelpers of Lola Dadang) to
the care of Lola Dadang.
(4)

Social workers took custody of Baby after there were

allegations of sexual abuse committed by the mentally
ill son of Lola Dadang, against Baby.

Under Article 267 of the Revised Penal Code, kidnapping

or serious illegal detention is committed when the
following elements of the crime are present:
(1) that the offender is a private individual;
2) that he kidnaps or detains another, or in any manner
deprives the latter of his liberty;
(3) that the act of detention or kidnapping must be illegal;
and
(4) in the commission of the offense, any of the following
circumstances is present: xxx xxx xxx
(d) that the person kidnapped or detained is a
minor, female, or a public officer.

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Social workers Fido and Dido are of the position that they should
not be held liable for kidnapping because they are exempted from
any civil, criminal or administrative liability under the Rules and
Regulations on the Reporting and Investigation of Child Abuse
Cases promulgated pursuant to Section 32 of Republic Act No. 7610
or the Special Protection of Children Against Abuse, Exploitation
and Discrimination Act.", to wit:
SECTION 10. Immunity of Officer Taking the Child Under
Protective Custody. The duly authorized officer or social worker of
the Department and the assisting police officer or barangay official,
if any, who shall take a child under protective custody shall be
exempt from any civil, criminal and administrative liability therefor.
Rule on the case. (You have 20 minutes to answer.)

Electronic Commerce Act of

2000
(5) A month before the national elections, police
operatives raided Sarah Merchandising after a
confidential informant told them that the said
company was selling signal jamming devices to be
used to tamper the PICOS machines to be used
for the election. Matteo is the owner of Sarah
Merchandising whose warehouse was earlier raided
by the NBI. During the raid, they found 4 pieces
of signal jamming devices. Matteo was thereafter
charged with the violation of Section 33 (a) of the
E-Commerce Act which provides:

Section 33. Penalties. The following Acts, shall be penalized by

fine and/or imprisonment, as follows:
(a) Hacking or crackling with refers to unauthorized access into or

interference in a computer system/server or information and

communication system; or any access in order to corrupt, alter,
steal, or destroy using a computer or other similar information
and communication devices, without the knowledge and
consent of the owner of the computer or information and
communications system, including the introduction of
computer viruses and the like, resulting in the corruption,
destruction, alteration, theft or loss of electronic data messages
or electronic documents shall be punished by a minimum fine
of One Hundred Thousand pesos (P 100,000.00) and a
maximum commensurate to the damage incurred and a
mandatory imprisonment of six (6) months to three (3) years;

Will the complaint prosper? (You have 20 minutes to answer.)

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RELATION BETWEEN
VALIDITY AND TRUTH
VALIDITY OR INVALIDITY

TRUTH OR FALSEHOOD

Refers to whether your universal truth

or for purposes of law, the rule/law you
cite applies to the facts of the case.

Refers to the propositions which

support your argument.

Example:
LAW: E-Commerce act punishing
unlawful interference using signal
jammers
FACTS: Matteos store sells signal
jammers.
YOUR ARGUMENT IS INVALID
because the facts do not fall squarely to
the law you cite.

Example: SEC Case

Complainant Non registration of
company selling investments
Accused Mere incorporators in paper
RA 7610 Case
Complainant Putang-ina is emotional
abuse
Accused Putang-ina is ordinary
language to us as a couple

GROUP WORK ON
DEDUCTIVE REASONING
(1 hour)
Identify and dissect five (5) issues in the proposed Bangsamoro Basic
Law using this format:

THE CONSTITUTION PROVIDES _______________

THE BBL PROVIDES _________________________
THE BBL PROVISION IS CONSTITUTIONAL OR
UNCONSTITUTIONAL BECAUSE
__________________________________________