FINAL EXAMINATIONS IN

LOGIC AND LEGAL TECHNIQUES

ATTY. GENE R. ABOT
7-9 PM

I. What is a fallacy? Differentiate the two general types of fallacies. Give 3 kinds on
either type and define each one (20 pts.)

II. Make a position paper for each case. (80 pts.)

a. Viva Nuevo is a clerk in St. Jude Catholic School in Paco, Manila . Viva was
given a notice to explain by her manager asking her to reply on the allegation
that she is pregnant but unmarried thus committed a violation of the schools
policy. The schools policy indicated that sexual conduct against Catholic
ethos and principles and would damage its reputation shall be cause for the
dismissal of the employee. Viva responded by admitting that she is pregnant
but explained that she did not violate the policy of the school. The school did
not respond to the explanation of Viva but the manager approached her and
told her that she may be terminated if she did not admit to violating the
school policy. The manager promised Viva that she will only be suspended
should she agree to admit her violations. After hearing this, Viva immediately
went to the DOLE SeNA office and filed a complaint for constructive dismissal.
Mediation failed at this level so Viva elevated her complaint to the Labor
Arbitration branch.

b. Nathalia Villegas and Brian Stephens were married sometime in November

2010. They had one child named Daniella. They lived in a house that they
mortgaged for 10 years in Mandaluyong City. However, payments for the
mortgage in the amount of PhP15,000 a month was only shouldered by Brian
as it was automatically deducted from his salary. Both Nathalia and Brian are
working in Bangko Sentral ng Pilipinas. Brian was first to enter BSP which is
why he has a higher position and salary than Nathalia. After, Daniella was
born the marriage of the couple turned south and eventually they separated
on April 2012. Aside from the mortgage payments of the house, Brian no
longer supported Nathalia and Daniella. Because of this, Nathalia was forced
to file a case of Violence Against Women and their Children (VAWC) against
Brian particularly for insufficient economic support. Nathalia is claiming
additional support of PhP10,000 a month as the expenses of her household
amounts to PhP30,000 a month excluding the mortgage on the house. Brian
does not want to give anymore additional support as he claims that the
PhP15,000 he is giving is more than enough.