Prof. Christopher John P.

Lao

Legal Technique and Logic: A Syllabus

Course Code: LAW028M
DLSU College of Law
1st Semester, AY 2019-2020

Grading and Assessment Tools:

Attendance, Recitation and Participation through Clarificatory Questions – 25%
Finals—75%

References:

For Legal Technique:

a. Robert S. Summers, The Technique Element in Law, 59 CAL. L. REV.

733 (1971).
b. Morris R. Cohen, The Place of Logic in the Law, 29 HARV. L. REV.
622 (1916).
c. Dale McFadzean & Gareth Ryan, Law Essentials, Legal Method,
Dundee University Press (read chapters 1, 5, 6, & 7)
For Logic:
d. Irving M. Copi & Carl Cohen, Introduction to Logic, PEARSON
EDUCATION (ASIA) PTE LTD., 11th Edition (2002) or later

Intended Learning Outcomes:

Knowledge Skills Values

Identify and distinguish the Solve legal problems Observe intellectual
different sources and integrity
categories of Philippine
law

Categorize and Frame answers/solutions Exhibit grit, tenacity and

differentiate the legal
method according to social
functions discharged
Understand, explain and
illustrate the interplay
between statutory law and
judicial precedent
well and communicate perseverance
them effectively, orally
and in writing
Use legal terminology Show respect for the rule
correctly of law, the authority,
institutions, and colleagues

Understand, analyze and Grow confidence Develop a sense of social

solve legal problems using responsibility, fairness and
their knowledge of the justice
sources of Philippine law
and their interplay
Answer the basic question, Develop study habits Appreciate the dynamics
“As one of the social between and among the
techniques to discharge different stakeholders
social functions, how does
the law do what it does?”
and communicate the same
to laymen
Summarize the Philippine Sift through voluminous Display humility
legal infrastructure and readings
situate their subjects in
law school within it
Name and explain basic Observe punctuality Show moral courage and
principles of law independent thinking

A. LEGAL TECHNIQUE

I. What is Law
II. Sources of Law
a. Custom
b. Religion and Morality
c. Legislation; classification
c.1. supreme/primary legislation
c.2. subordinate/delegated legislation
c.2.1. municipal legislation
c.2.2. executive legislation
d. Jurisprudence
e. Equity
f. Generally Accepted Principles of International Law
g. Quasi-Legal sources
h. Contracts

III. Categories of Law

a. public and private law;
a.1. public law key branches: constitutional law, administrative law,
criminal law
a.2. private law key branches: contract law, delict law, family law
b. civil, criminal, administrative; overlap
b.1. different standards of proof
b.2. different courts and rules of procedure
b.3. different reliefs and foci
c. grievance-remedial technique; penal technique; administrative-regulatory
technique; public benefit conferral technique; private arranging technique

IV. Common Law and Civil Law Systems; Hybrid

a. The Philippine type of hybrid system as distinguished from other
jurisdictions
b. hierarchy of courts for case/common law
c. whether common law/case law or civil law:
a.1. whether law has come into force
a.2. whether law is still in force—whether amended/repealed in case of
statutes; whether principle of law or construction has been
modified/abandoned in case of common law/case law.

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 d. judicial legislation
A.M. No. 18-07-05-SC, Rule on Precautionary Hold Departure Order;
read Dissenting Opinion, J. Leonen

V. Principles of Law
a. Stare Decisis: “to stand by decisions”; exceptions
a.1. Ratio Decidendi: point of law or legal principle upon which
decision is based
a.2. Obiter Dictum: hypothetical comments made “by the way;” merely
persuasive
a.3. pro hac vice: “for or on this occasion only”
Case: G.R. No. 147097 Lazatin v. Desierto
b. Res Judicata
Case: G.R. No. 175151 Selga v. Brar
c. Law of the Case
Case: G.R. No. 163103 Vios v. Pantangco
d. Laches
Case: G.R. No. 156882 ALU v. CA
e. Estoppel
Case: G.R. No. 170352 Megan Sugar Corporation v. RTC of Iloilo
Marcos, Jr. v. Republic of the Philippines G.R. No. 189434 (2012)
f. Prescription of Actions & Statute of Limitations
Case: GR No. 200558 Consuelo Pangasinan v. Disongloalmazora
g. Jurisdiction
Case: GR No. 161771 BPI v. Eduardo Hong
h. Due Process
Case: G.R. No. 167614 (2009) Serrano v. Gallant Maritime Services, Inc.

B. LOGIC

I. Logic and the Law

Logic and Due Process of Law: Serrano v. Gallant Maritime Services, Inc.
G.R. No. 167614 (2009)

II. Basic Logical Concepts

a. Propositions
b. Arguments
c. Deduction and Validity
d. Induction and Probability
e. Validity and Truth

III. Informal Fallacies

a. Fallacies of Relevance
i. Requirements for Admissibility of Evidence
1. Rule 128 Sections 1, 3 & 4, Rules of Court
2. Rule 130 Sections 20, 21, 48, 49 & 50
ii. Character Evidence
1. Rule 130 Section 51
2. Rule 132 Section 14
iii. Similar Acts as Evidence

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 1. Rule 130 Section 34
b. Fallacies of Presumption
Negative pregnant: Marcos, Jr. v. Republic of the Philippines
G.R. No. 189434 (2012)
c. Fallacies of Ambiguity

IV. Deduction (Aristotelian)

a. Theory
b. Categorical Propositions and Classes
c. Quality, Quantity and Distribution
d. The Traditional Square of Opposition
e. Categorical Syllogisms

V. Deduction (Symbolic Logic)

a. Connectives
b. Argument Forms
c. 19 Rules of Inference
d. Formal Proof of Validity

VI. Induction
a. Argument by Analogy
Case Law
b. Appraising Analogical Arguments
c. Refutation by Logical Analogy

Guidelines

1. Students are expected to come to class on time and prepared, having read
and committed to memory all salient points of the assigned topic.
2. Everyone is required to read the original text of all the Supreme Court
decisions cited in this syllabus. To enrich class discussions, students are
highly encouraged to read other materials on the topics covered.
3. Class participation is highly encouraged and is part of the grading system.
Clarificatory questions must exhibit adequate preparation. Novelty and
critical thinking are considered a plus.
4. Attendance will be noted at the beginning of each session. Latecomers will
be marked absent. Law classes are a courtroom simulation and tardiness
can have ill or even fatal consequences.
5. Courtroom decorum shall be observed at all times. There shall be no eating
or drinking, and no disruptive behavior of any kind will be tolerated.
Gadgets are not allowed. Attend to all your personal needs before class.
Frequent visits to the restroom are considered disruptive.
6. Any form of intellectual dishonesty will be dealt with according to
University guidelines.
7. All examinations shall be taken on the date specified. Neither extensions
nor make up examinations shall be given.
8. Final examinations will be in the week/s determined by the University.
The same shall cover all items taken during the semester.
9. Booklets will be returned after submission of grades within the deadline
set by the College.