THE ART OF ARGUMENTATION AND DEBATE (c) The organization of the materials that have been selected in

CHAPTER I such a way as to secure maximum effect upon the belief and behavior of
1. ARGUMENTATION AND DEBATE distinguished. the reader or hearer. This process involves the application of the three
Argumentation is generally defined as the “the art of influencing great rhetorical - Unity, Coherence, and Emphasis (Chapter XI) and the
others, through the medium of reasoned discourse, to believe behavior study of the Mechanism of the Brief and the Outline (Chapter XII). This
of a hearer or reader, through spoken or written speech, by supplying process is called argumentation.
him with reasons and stirring his feelings ”. (d) The putting of the materials that have been selected and
Debate is a formal controversy, not a mere verbal wrangling. organized into such effectives language as to convey the ideas to the
Debate, on the other hand, is a formal direct oral contest in reader or hearer with maximum force. This process involves the study of
argumentation between two or more persons on a definite proposition at Persuasion As a Method of Approach (Chapter XIII) and the Technique
a definite time. of the Introduction (Chapter XIV), of the Discussion (Chapter XV), of the
2. The two methods of approach in the work of argumentation. Conclusion (Chapter XVI), and of Delivery (Chapter XX). This process is
There are two methods of approach in the work of argumentation. They called presentation.
are the appeal to reason, called conviction; and the appeal to the
emotions, to feelings, to the will, called persuasion. Review Questions
“Conviction is a process that creates belief or disbelief through an appeal 1. Give the distinctions between “argumentation” and “debate”.
to reasons; and persuasive is a process that creates belief or disbelief 2. Explain the meaning of this sentence: “Debate is not a mere verbal
through an appeal to the emotions. Conviction makes the truth clear; wrangling.”
persuasion makes it interesting. Conviction drives one to accept the 3. What are the two methods of approach in the work of
truth; persuasion leads one to embrace it” argumentation ? what is the purpose of each?
3. Conviction alone. Is conviction alone enough in bringing about 4. Is conviction alone enough in establishing sound human relations?
healthy and progressive human relationship? In other words, is mere Why? Illustrate your answer.
belief sufficient to promote the growth of society? 5. Is persuasion alone enough in establishing sound human relations?
Since belief, which is the end of conviction as a method of approach, is Why? Illustrate your answer.
merely a state of mind, it is very clear that conviction alone is not 6. Distinguish between “argumentation” and “logic”.
sufficient to promote human progress. 7. Why is the study of psychology essential to an arguer?
By dint of sound reasoning or by a simple logical inference, the arguer 8. Name and explain the four processes in the work of argumentation.
may make his fellowmen see that his contentions are true; but it does
not necessarily follow that he has made them adopt his ideas or theses CHAPTER II
as guides of conduct. THE ROLE OF ARGUMENTATION AND DEBATE IN HUMAN RELATIONS
4. Persuasion alone. On the other hand, is persuasion alone 1. General statement. It is the belief of many students that the study of
enough in promoting healthy and progressive associations? In other argumentation and debate is of use only to those who will take up the
words, is an emotional behavior, is an impulsive act, conducive to happy study of law as a profession. The teacher, the physician, the engineer,
human relationships, which argumentation seeks to establish? the pharmacist, the dentist, and the businessman, many people believe,
Words have a great power in affecting both the belief and the conduct of do not have any use for argumentation and debate. Some students have
one’s fellowmen. Sometimes words are used to point out the truth of an waste of time and energy to take up the study of argumentation and
assertion or the wisdom or expediency of a course of action. At other debate.
times, they are an effective means of arousing love, hatred, envy, This conception is entirely erroneous. The study of argumentation and
vindictiveness, fear, violence. debate is, indeed necessary for all who would communicate their ideas
5. Relation of argumentation to logic. Argumentation has been to their fellowmen with some measures of clearness and logical cogency.
defined as an art. As an art, it teaches us what to do. In other words, it In any society of men, especially in a democracy, the person who
lays down rules to be followed in presenting evidences and arguments. commands the belief and behavior of the greatest number of his
Logic, on the other hand, is a science. As a science, logic investigates fellowmen is the most influential, if not the most powerful.
the process of thinking, of inferring. Logic determines the soundness of As human culture becomes more universal, the intercommunication of
reasoning and teaches us what correct thinking consist in. Logic helps us men becomes more imperative. Physicians, businessmen, engineers,
to understand the laws of thought; argumentation helps us make other accountants, pedagogues, hold conventions to consider common
people agree with what we think. problems. The man or woman who can succeed in influencing others to
6. Argumentation and psychology. Psychology is defined as the accept his or her point of about the many problems that confront human
science of mental life, or consciousness, or behavior. It is also defined as living is, in all likelihood, in the best position to realize his or her
the science of the human mind or soul and its activities and capacities. It purpose, and thus to contribute the most to collective welfare.
deals with the phenomena of human consciousness. It deals with the 2. Argumentation is fundamental. Argumentation is of fundamental
emotions of man and his reactions to circumstances. It clarifies the laws importance in human relationships. Argumentation is the art whereby
of human conduct. In short, it furnishes the arguer with a knowledge of one creates belief. It is the belief of a person that determines his
human nature. A comprehensive of human likes and dislikes, biases and attitude towards men, institutions, and principles. As a matter of fact, it
prejudices, whims and caprices, predilections and idiosyncrasies, etc. is is beliefs that determines man’s action. And since beliefs is created
indispensable to the arguer. Without a thorough understanding of one’s through argumentation, the conclusion is inescapable that
fellowmen one cannot suit one’s words and one’s actions to one’s argumentation is of fundamental importance in human relations.
readers or hearers. In other words, he lacks the power of adaptation, of 3. Argumentation is universal. Man is by nature gregarious. He lives in
tact; and therefore, he cannot effectively influence his hearer or readers. the society of his fellows. God has given him the gift of speech. Since
7. The process in the work of argumentation. In the other work man lives in society and is endowed with the power of communicating
of argumentation, four process must be observed. These process are: his thoughts and ideas, the use of language to influence both belief and
(a) The determination of those ideas in the truth of which one the conduct of his fellowmen is found wherever people congregate. The
would like others to believe, or that course of action which one would salesman uses language to convince the costumers of the quality of his
like others to adopt. This process is chiefly concerned with the merchandise and thus induce them to purchase it. The suitor uses
formulation of the proposition to be discussed. It also covers the language to win the hand of his lady-love. The preacher reaches,
consideration of the Burden of Proof (Chapter IV) and of the Issues through language, both the mind and the heart of his flock in his work
(Chapter V). This process is called invention. of salvation. In this sense, argumentation is universal.
(b) The choosing from all sources of information of facts, data, 4. Argumentation is indispensable. Man cannot carry on the affairs of
statistics, inferences, etc. that will help the arguer to establish the ideas life without argumentation. As man and his society are now constituted,
in the truth of which he would like others to believe, or that course of life would be meaningless if he does not communicate with his fellows.
action which he would like others to adopt. This process involves the Mutual understanding is the basis of life. One cannot imagine a normal
study of how to conduct Investigation and Research (Chapter VI), the society composed of men and women who do not communicate with one
Nature of Evidence (Chapter VII), the Forms of Arguments (Chapter VIII another. A world of silent men and women is beyond the pale of natural
& IX), and the Fallacies (Chapter X).This process is called selection. law. And the moment a person communicates with another in words,
with which he is gifted, his intention is to influence both the belief and on this question after he has carefully prepared the willingness of his
the conduct of the other. audience to listen to him. But in a formal contest debate, it is imperative
that the proposition be always expressed in the form of resolution.
Review Questions Examples:
1. Explain briefly why argumentation is essential in establishing sound Resolved, that a partyless democracy be established in the Philippines.
human relations. 5. The form of the proposition. The propositions assumes
2. Is argumentation needed only by lawyers? Why? various forms.
3. In what sense is argumentation fundamental in human relations? In (a) In a club. In a club, such as a literary society, a fraternity, a
what sense is it universal ? in what sense is it indispensable? class organization, the proposition is presented in the form of a motion
4. What positive personal qualities are developed through training in from the floor. The presiding officer sees to it that the proposition is
argumentation and debate? properly phrased and presented to the body, duly seconded, before the
5. What did Cicero say regarding skill in argumentation? debate starts. Sometimes, however, the proposition assumes the form of
a resolution.
CHAPTER III (b) In a parliamentary body. In a parliamentary body, such as the
THE SUBJECT OF ARGUMENTATIONS: House of Representative, the proposition is presented in any one of the
THE PROPOSITION following forms: a bill, a resolution, or a motion.
1. The subject of argumentation. A word is a mere symbol of (c) In a municipal council. In municipal councils, such as the
an idea or a conception. It denotes some general concept existing in the Municipal Board of the City of Manila, the proposition is presented in any
mind. A term is any word or group of words which serves to point out one of the following forms: an ordinance, a resolution, or a motion.
any imaginable subject of discourse. A word or a term does not assert (d) In a court law. Courts of law are established to administer
an act of judgment to be affirmed or to be denied. To illustrate: woman justice. They demand of every man who would argue before them that
is a word: Filipino woman is a term. Woman or Filipino woman does not he must make clear and unmistakable allegations of what he intends to
assert an act of judgment to be affirmed or to be denied. Therefore, a prove true or false. Waste of time and energy is avoided; and delay is
word or a term may not be the subject of argumentation. condemned. It is because “justice delayed is justice denied”. In courts of
The subject of argumentation must be a proposition. A proposition is law, therefore, the proposition is presented in the form of pleading. The
defined as “an expression in words of an act of judgment” and “an act of pleading shell set forth with certainty and with truth the matters of fact
judgment is a mental assertion of something as true or untrue”. or of law, the truth of which must be decided to decide the controversy.
Illustration: Pleadings are found in the following forms: (a) complaint, (2)
a. The Filipino woman of yesterday was better than the Filipino information, (3) petition, (4) motion
woman of today. 6. Characteristics of propositions good for debate. Not all
b. Capital punishment should be abolished. propositions are good for debates. Care should be taken that the
c. City mayors should be elected by popular vote. propositions fit the speakers, the audience, and the occasions. Not
2. Classes of propositions. Generally, propositions are because a propositions is interesting to the debaters themselves must it
classified into: be taken up in a contest debate. The nature of the audience should be
a. Propositions of fact and; taken into account- their education, their training and experience, their
b. Propositions of policy. likes and dislikes, their interest and their idiosyncrasies.
A proposition of fact is one that is concerned with the truth or falsity In formal debates, it is necessary that the proposition should satisfy the
of an act of judgment. It aims at belief. It settles the question: “is this following requirement:
assertion true?” (a) The proposition must be in the form of an assertion.
Examples: The proposition should be stated in a categorical, declarative, positive
(1) Resolved, that elective city mayors are more efficient than statement, not a question. Negative statement should be avoided; for if
appointive ones. the affirmative is in effect a negative and the negative is in effect an
(2) Resolved, that the Chinese are a menace to our national affirmative, confusion is likely to arise.
security. Example;
A proposition of policy is one that is concerned with the wisdom “Resolved, That capital punishment should not be abolished.
or unwisdom, the expediency or inexpediency, of a course of action. It (b) The proposition must express only one act of
aims at action. Whoever asserts it has the duty to establish the workable judgment. If there are two assertions or two courses of action or
character of his plan. It answers the questions: “Should it be done?” “ problems expressed in one proposition, confusion will arise. The
Should this course of action be followed?” proposition, “Resolved, That the Philippines establish a unicameral
Examples: legislature and that the Speaker of the House of Representatives be
(1) Resolved, that the Filipino women should be disfranchised. elected by direct popular vote.” Express two acts of judgment. The
(2) Resolved, that the term of office of the President be six years, proofs necessary to establish the fact that a unicameral legislature will
without reelection. be more efficient and will be more economical are not proofs necessary
3. Necessity of knowing the proposition. On the part both of to show that the speaker should be elected by direct popular vote.
the arguer and of the hearer, a knowledge of the proposition is essential. Students of political science are familiar with this provision of the
A debater that starts arguing without knowing what it is that he should Constitution of the subject matter which shall be expressed in the title of
establish, is similar to a traveler who starts on his journey without a the bill.” The purpose of this and rolling legislation, (2) to prevent
fixed destination. He may talk on and on without arriving at a definite surprise or fraud upon the legislature, and (3) to apprise the people of
conclusion. He may present a series of ideas without getting nearer the the subject of legislation.
truth. He thus wastes his time and effort, and confuses his audience. He In both cases, the purpose is to prevent confusion.
may argue outside the real question. If he cannot understand his own (c) The proposition must be susceptible of only one
position, he cannot understand the position taken by his opponent, and interpretation. This requirement simply means that the words used
thus he will not be able to refute him. should be clear. General terms susceptible of more than one
4. The proposition may not be formally expressed. While in interpretation should be avoided. If a word used in the proposition may
contest debates, I, e.. debates held to give students training in the be interpreted to mean one thing by one party and another thing by the
application of the rules of debating, the proposition must always be opposing party, there cannot be any debate. Confusion will arise.
expressed in the introduction, in public discussions it is not always (d) The proposition must be unprejudiced. In a proposition,
advisable to do so. This is especially the case when one is to address a there should be no phraseology that assumes the truth of the point to be
hostile audience or to present his views on a specific problem to readers proved. There should not be used words of service, “ the term
whose prejudices and beliefs are known to be opposed to one’s stand. dishonest is an epithet which practically covers the point at issue.
The latter case is true in public discussions on questions of national (e) The proposition should avoid abstractions and
importance. Here, it is advisable that the arguer first present the generalization. Care should be taken that propositions should be as
problem in the form of a question, as “Is the repeal of the parity concrete and as specific as possible. The proposition should be as free as
amendment to our Constitution advisable?” He may disclose his stand possible from vague and sweeping generalizations. The propositions,
“Resolved, That women should organize a civic club,” is so broad in This duty of Pedro, the affirmative, to present evidences and arguments
meaning, so wide in connotation, that it is unfit for a debate. The term to establish his claim is called burden of proof. If Pedro satisfies the
women is not specific enough to warrant intelligent discussion. requirements of the burden of proof, he makes out what is generally
(f) The proposition must be concise and simple. All called a prima facie case. A prima facie case, therefore, is one of
unnecessary words should be omitted and the words used should be sufficient strength to win if it is not refuted.
easy to comprehend. The proposition, “Resolved, That, in order to serve Once Pedro has made out a prima facie case, it is the duty of Juan to
the end of justice and meet public demand, retail trade be nationalized,” bestir himself; i..e., to present evidences and arguments to overthrow
is not concise. The phrase in order to serve the end of justice and meet those adduced by Pedro. This duty on the part of Juan is called burden
public demand should be omitted. of rebuttal. If Juan fails to overthrow the prima facie case, he loses. If
(g) The proposition must be debatable. This requirement he succeeds, however, it becomes the duty of Pedro to present
means that the act of judgment expressed in the proposition should evidences and arguments to refute the evidences and arguments
allow sufficient room for an intelligent difference of opinion. The adduced by Juan. This duty of Pedro, the affirmative , is also called
assertion expressed in a proposition of policy should not be so obviously burden of rebuttal.
true or wise and expedient as to make it useless for any person to take Burden of rebuttal, therefore, is the duty of either party to the
the opposite stand. In other words, the act of judgment expressed controversy to present evidences and arguments at any stage of the
should not be obviously true or false. case to overthrow the contention of the opposing side.
The following proposition are not debatable: While the burden of proof always remains on the affirmative side on the
(1) Resolved, That to be honest is to be honorable. main proposition, the burden of rebuttal shifts from side to side in the
(2) Resolved, That China is bigger than Japan. course of the debate.
(h) The proposition must be so worded that the burden of proof 2. The burden of proof and the counterproposition. Sometimes,
shall fall on the affirmative side. The term burden of proof, it will be however, the negative presents a counterproposition. A
seen in the following chapter, is the duty of a party to the controversy to counterproposition is one that is presented by the negative, adverse to
establish what he alleges, otherwise he loses his case. This requirement the main proposition. Upon the counterproposition the negative assumes
simply means that whoever will take up the affirmative side of the the burden of proof. Suppose in our illustrations supra Juan admits that
question must be the party who is dissatisfied with the present order of he owes Pedro one hundred pesos (100.00), as a alleged, but contends
the things and therefore, demands a change in the existing situation. that Pedro owes him in turn the same amount for services rendered.
burden of proof does not fall on the affirmative side; because the Upon counterproposition that Pedro owes Juan, Pedro becomes the
Filipino woman now enjoys the right of suffrage. negative and Juan becomes the affirmative. And it becomes the duty of
(i) The proposition must be interesting. Whether a proposition is Juan to assume the burden of proof. If Juan succeeds in proving that
interesting or not depends upon the education, the aptitude, the Pedro owes him, Juan makes out a prima facie case on the
experience, the likes and dislikes of both the speaker and the audience, counterproposition. And Pedro would then assume the burden of
and the peculiar conditions of the time. The word interesting, as it used rebuttal.
here, is a relative term. A certain proposition may be most interesting to In general argumentation, therefore, burden of proof is the risk of the
one audience but most uninteresting to another audience. And too, the proposition, the duty of the affirmative prove what he alleges, otherwise
proposition, to be interesting, must be within the comprehension of both he loses his case. Burden of rebuttal, on the other hand, is the duty of
the audience and the speaker. presenting arguments and evidences at any given stage of the case to
The proposition, “Resolved, That coronary thrombosis is curable,” is counteract the influence of the opposing case. Burden of proof never
certainly interesting to medical men; but it is certainly not interesting to shifts: it always lies on the affirmative side; while burden of rebuttal
students of a liberal college. The reason is this: the question is so shifts from side to side as the debate progresses.
technical and so far removed from their knowledge and experience that 3. Burden of proof in legal procedure. In law, the term burden of
it does not touch their likes and dislikes. rebuttal is not used. The term burden of proofs covers the meaning of
both burden of proof and burden of rebuttal as they used in general
Review Questions argumentation.
1. What is a “word”? A “term”? “Burden of proof has two distinct meanings: one, referring to the duty of
2. Is a word or a term appropriate subject of argumentation? establishing the issue by such a quantum of evidence as the law
Why? demands in the case, whether civil or criminal, in which the issue arises;
3. What is a proposition? Why should a proposition be the and, second, to the duty of producing evidence at the outset or at any
subject of argumentation? subsequent stage of the trial, in order to meet the prima facie case”.
4. What is an “act of judgment”?
5. Name the two general classes of proposition and define each II. THE PRESUMPTIONS
class. 1.The theory of the presumption. Presumptions, in general, are logical
6. Why is it necessary for the arguer to know the proposition? inferences of the truth or falsity of a point in dispute . Man is surrounded
For the reader or hearer? by the inexorable operation of the laws of nature, physical and human.
7. In a debate, is it always necessary for the arguer to state the From his observation of the operation of the natural laws, he necessarily
proposition before the discussions begins? Explain your answer. makes inferences. He presumes, for example, that an object that is
8. What form does the proposition assume in a club? In a heavier than air will fall to the ground in obedience to the law of
parliamentary body? In a municipal council? In a court of law? gravitation. He observes the law of growth and of decay.
9. Name and explain the characteristics of a proposition that is 2. Classes of presumption. There are two classes of presumption.
good for debate. They are presumption of fact and presumption of law.
“Some courts assert that in its origin, every presumption is one of fact
CHAPTER IV and not of law, but that it may, in the course of time, become a
THE BURDEN OF PROOF AND THE PRESUMPTIONS presumption of law, and even an indisputable one; that its truth may be
I. The Burden of Proof so universally accepted as to elevate it to the position of a maxim of
1. The nature of the burden of proof. Justice and common sense jurisprudence. . . but so long as it retains its original character as a
demand that one who asserts something must prove his assertion. In presumption of fact, it has simply the force of an argument”
other words, he should present arguments and evidences to establish (a)Presumptions of fact. All the presumptions mentioned in paragraphs 1
what he alleges, otherwise he loses his case. The theory of the burden are presumptions of fact. They are simple logical inferences. Being
of proof is an application of the Latin maxim: Ei incumbit probation, qui simple inferences, they have the force of arguments and, therefore, may
dicit, non qui negat. (It is duty of the one who alleges to prove what he be regarded by the judge. They do not have the force of legal rules.
says, not of the one who denies it). “They (presumption of fact) differ from presumptions of law in this
If Pedro alleges that Juan owes him one hundred pesos (100.00), it is essential respect: that while those (presumption of law) are reduced to
his duty to present all the evidences he has at hand, testimonial or fixed rules of jurisprudence to which they belong, these merely natural
documentary, to establish his claim. If Pedro fails to do so, Juan , the presumptions (presumptions of fact) are derived wholly and directly from
negative, does not have the duty to prove that he does not owe Pedro. the circumstances of the particular case, by means of the common
experience of mankind, without the aid or control of any rules of law such presumption is necessary to perfect the title of such person or his
whatever.” successor in interest;
(b) Presumption of law. From the municipality of natural presumption, or 34. When two persons perish in the same calamity, such as wreck,
presumption of fact there are those which legislators have incorporated battle, or conflagration, and it is not shown who died first, and there are
in statutory laws as binding rules of human conduct, to help in deciding no particular circumstances from which it can be inferred, the
controversies. When presumptions thus become binding rules of survivorship is presumed from the probabilities resulting from the
conduct, they are called presumption of law. Presumptions of law, strength and age of the sexes, according to the following rule.
therefore, are legal assumptions of the truth or falsity of a point in (a)If both were under the age of fifteen years, the older is presumed to
dispute. have sure;
Legal presumptions have the force of law. They must be regarded by the (b)If both were above the age of sixty, the younger is presumed to
judge. They derive their force from the law, not merely from logic or have survived;
probability. (c)If one be under fifteen and the other above sixty, the former is
presumed to have survived;
EXAMPLES OF PRIMA FACIE PRESUMPTIONS (d)If both be over fifteen and under sixty, and the sexes be different,
The rules of Court in the Philippines provide as follows: the male is presumed to have survived; if the sexes be the same, then
The following presumption are satisfactory if uncontradicted and not the older;
overcome by other evidence: (e)If one be under fifteen or over sixty, and the other between those
1. That a person is innocent of crime or wrong; ages, the latter is presumed to have survived.
2.That an unlawful act was done with an unlawful intent;
3. That a person intends the ordinary consequence of his voluntary act; EXAMPLES OF CONCLUSIVE PRESUMPTIONS
4.That a person takes ordinary care of his concerns; The rules of Court in the Philippines provide as follows.
5. That evidence willfully suppressed would be adverse if produced; The following are instances of conclusive presumptions:
6. That money paid by one to another was due to the latter; 1. Whenever a party has, by his own declaration, act or omission,
7. That a thing delivered by one to another belonged to the latter; intentionally and deliberated led another to believe a particular thing
8. That an obligation delivered up to the debtor has been paid; true, and to act upon such belief, he cannot, in any litigation arising out
9. That former rent or installments had been paid when a receipt for the of such declaration, act , or omission, be permitted to falsity it;
latter ones is produced; 2. The tenant is not permitted to deny the title of his landlord at the
10. That a person found in possession of a thing taken in the doing of a time of the commencement of the relation of landlord and tenant
recent wrongful act is the taker and the doer of the whole act; between them;
otherwise, that things which a person possesses, or exercise acts of 3. The issue of a wife cohabiting with her husband, who is not impotent,
ownership over, are owned by him; is indisputably presumed to be legitimate, if not born within the one
11. That a person in possession of an order on himself for the payment hundred and eighty days immediately succeeding the marriage, or after
of money, or the delivery of anything, has paid the money or delivered the expiration of three hundred days following its dissolution;
the thing accordingly; 4. The judgment or order of a court, when declared by these rules to be
12. That a person acting in a public office was regularly appointed or conclusive;
elected to it; 5. Everyone is conclusively presumed to know the law.
13. That official duty has been regularly performed;
14. That a court, or judge acting as such, whether in the Philippines or Review Questions
elsewhere, was acting in the lawful exercise of his jurisdiction; 1. Briefly explain “burden of proof.” Of what Latin maxim is it an
15. That all the matters within an issue in a case were laid before the application?
court and passed upon by it; and in like manner that all matters within a 2. Distinguish “burden of proof” from “burden of rebuttal”
submission to arbitration were laid before the arbitrators and passed 3. What is a “prima facie case”? In debates in real life, what is the effect
upon by them; if the failure of the affirmative to make out a prima facie case?
16. That private transactions have been fair and regular; 4. Is the term “burden of rebuttal” used in courts of law? What terms
17. That the ordinary course of business has been followed; are used instead?
18. That there was a sufficient consideration for a written contract; 5. In general argumentation, what is the meaning of the “shifting of the
19. That a negotiable instrument was given or indomed for a sufficient burden of rebuttal”?
consideration; 6. What is a counterproposition? In courts of law, what corresponds to
20. That an indorsement of a negotiable instrument was made before the counterproposition in general argumentation
the instrument was overdue and at the place where the instrument is 7. What is the duty of the negative on the counterproposition?
dated; 8. What are presumptions? Name and explain the two classes of
21. That a writing is truly dated; presumption.
22. That a letter duly directed and mailed was received in the regular 9. What are legal presumptions? Classify legal presumptions and define
course of the mail; each class. Give an example of each class.
23. Identify of person from identity of name; 10. What is the force of a presumption of fact in courts of law? Of a
24. That a person not heard from in seven years is dead; presumption of law?
25. That acquiescence resulted from a belief that the thing acquiesced in
was conformable to the law or fact; CHAPTER V
26. That things have happened according to the ordinary course of THE THEORY OF THE ISSUES
nature and the ordinary habits of life; 1. General statement. In our daily conversation, we often hear
27. That a person’s acting as co-partners have entered into a contract of the words issue and issues. Where there is freedom of thought and
co-partnership; expression, there necessarily follow differences of opinions. One person
28. That a man and woman deporting themselves as husband and wife may assert a certain fact; another may deny such assertion. One person
have entered into a lawful contract of marriage;’ may contend that a certain course of action is wise and expedient;
29. That a child born in lawful wedlock, there being no divorce, absolute another may contend that it is unwise and unexpedient. One political
or from bed and board, is legitimate; party may adopt a certain platform outlining the courses of action to be
30. That a thing once proved to exist continues as long as is usual with adopted and expressing principles to be followed for the benefit of the
things of that nature; body politic. The opposing political party may assert that these courses
31. That the law has been obeyed; of action and these principles are unwise and unexpedient.
32. That a printed or published book, purporting to contain reports of These differences of opinion-assertions affirmed by the affirmative and
cases adjudged in tribunals of the country where the book is published, denied by the negative- are generally called issues. In our daily
contains correct reports of such cases; conversation, the word issues refers to the clashes of opinions and
33. That a trustee or other person whose duty it was to convey real beliefs.
property to a particular person has actually conveyed it to him when
2. Definitions of issues. In general argumentation, issues are arguments that he may adduce. By giving his readers or hearers a false,
defined as “the inherently vitals points, elements, or subpropositions, distorted view of his case, he will likely confuse them.
affirmed by the affirmative and denied by the negative, upon the A knowledge of the issues involved in the question under discussion is as
establishment of which depends the establishment of the main important to the arguer or debater as it is to the reader or hearer. The
proposition.” reader or hearer who does not comprehend precisely the point in
Issues are, therefore, inherent in the proposition. They are also vital in dispute cannot determine the relevancy or the irrelevancy or the logical
the sense that, unless they are established, the main proposition cannot sufficiency or insufficiency of the evidences and arguments that are
be established. To make out a prima facie case, the issues must first be presented. He is likely to get confused and, therefore, cannot follow the
established by competent evidences, proof, or argument. progress of the debate.
3. The issues in law. In law courts, the issues are the starting 7. The duty of the affirmative with respect to the issues. In
point of the debate. They must first be set forth in the pleadings before debates in real life, the affirmative must establish all the issues, unless
any debate can start. In criminal cases the penal code defines the the negative admits one or some of them. If the affirmative fails to
elements of the crime. The prosecution sets forth these elements in the prove any one of the issues, he loses the case; and, as he fails thus to
information; in civil cases, the plaintiff alleges his causes of action in his make out a prima facie case, the negative has no obligation to present
complaint or in his petition. To make out a prima facie case, i..e., to any evidences in his defense.
establish the guilt of the accused, the prosecution must establish with 8. The duty of the negative with respect to the issues. Again, in
competent evidence and beyond reasonable doubt the elements of the debates in real life, the negative may choose among the issues
crime with which the accused is charged. In civil cases, the plaintiff must presented by the affirmative what ones to admit and what ones to deny.
prove or establish with a preponderance of evidences all his allegations He may admit all the issues except one and fight the affirmative on this
in his complaint to make out a prima facie case, unless some of such remaining one. In legal procedure, this choice of the negative must be
allegations are admitted by the defendant. made known to the affirmative by allegations in the pleadings. The
In law, the following term are used: issue of fact, a point raised by a purpose is to avoid delay and thus secure a speedy administration of
party who denies something alleged in his opponent’s pleading; and an justice. This process of determining what issues are admitted and what
issue of law, a point of law upon which the two parties differ. The terms issues are denied is called joining the issues. If the negative succeeds in
general issue and special issue are also often used in legal procedure. A blocking the affirmative on any issue, the negative wins.
general issue refers to a defense which denies simpliciter the whole What amount, or quantum, of evidence is necessary to establish an
declaration of the affirmative. The special issue does not deny the whole issue? In civil cases, a preponderance of evidence is enough. In criminal
declaration, but one or more of the allegations of law or fact. cases, such evidence as is necessary to create in the mind of the judge
To illustrate the treatment of issues in legal procedure: In Art. 308, Act the guilt of the accused beyond reasonable doubt is necessary.
No. 3815, otherwise known as the Revised Penal Code, the crime of 9. The issues and winning or losing in contest debate. In contest
theft is defined as follows: “Theft is committed by any person who, with debate , debates held to give students of argumentation and debate
intent of gain but without violence against or intimidation of persons nor training in the application of the theory and technique of the art, judges
force upon things, shall take personal property of another without the base their decisions on the comparative skills of the debaters or debating
latter’s consent.” In the light of this definition, the elements of the crime teams. A contest debate is not decided on the merits of the case- neither
of theft are: (1) intent of gain, (2) unlawful taking (i.e., without the on the strength of the evidence presented nor on the strength of the
consent of the owner), (3) personal property, (4) absence of violence or arguments adduced. It is decided on the basis of the ability of the
intimidation against persons or force upon things. debates- their reasoning, their analysis of the question, the quality of
The prosecution (affirmative) must establish all these four elements to their language, their application of the rules of argumentation and
make out a prima facie case. Failure on the part of the prosecution to do debate as an art, their ability to talk to an audience, and the measure of
so will mean the acquittal of the accused, without the necessity of the preparation they demonstrate.
latter’s presenting any evidence in his defense.
In civil cases, the plaintiff (affirmative) enumerates in his complaint his Review Questions
causes of action. The defendant (negative) may deny all the allegations 1. What are “issue”? distinguish “issues” from “partition”.
in the plaintiff’s complaint. This denial is called general issue. He may, 2. How are issues treated in general argumentation? In courts of
however, admit some of the plaintiff’s allegations and deny the rest. This law?
specific denial is called special issue. The presentation of the points, 3. In legal procedure, what is meant by “joining the issues”?
through the complaint and the answer, on which the opposing parties what is an “issue of fact”? an “issue of law”?
clash is called joining the issue. 4. What are admitted issues? Potential issues? Stock issues?
4. The issues in general argumentations. While in law courts 5. Why is it necessary for the arguer to know the issues? For the
issues are the starting point of the debate or argumentation, in general readers or hearers?
argumentation, the work of explaining and defining the issues is already 6. In debates in real life, what is the duty of the affirmative with
a part of the debate. Issues are inherent in the proposition, and it is the respect to issues? That of the negative?
task of the debaters to discover, explain, and define the issues through 7. In contest debates, may the affirmative win if it should fail to
logical and careful analysis. In this way, the audience as well as the make out a prima facie case? Explain.
debaters themselves will understand the points on which opinions clash.
5. Other term used. Sometimes, we hear the terms potential CHAPTER VI
issues, admitted issues, and stock issues. Potential issues are simply the INVESTIGATION AND RESEARCH
inherently vital points involved in the proposition that the affirmative 1. General consideration. Before a lawyer accepts a case, he first
should establish to make out a prima facie case. Admitted issues are asks his prospective clients to give him all the evidences available. If
those potential issues on which there is no clash of opinion because there are witnesses, these must be examined. If there are documents,
they are not controverted by the negative. Stock issues refer to the these must be submitted so that their authenticity and worth as
formulas of issues: issues that are considered always involved in a evidence may be ascertained. After he has decided to take up t he case
proposition of policy. For example: in a proposition of policy, the on the basis of the evidence that he has gathered, he begins his
debater will usually consider the following question: (1) Is the measure intensive. He consults the pertinent provisions of law, determines the
necessary? (2) Will the measure be beneficial? And (3) Is the measure interpretations of the legal provisions in the light of the opinions
practicable? expressed by recognized legal commentators, and reads the reports on
6. the necessity of knowing the issues. It is necessary for the cases which involve the application of the law in question.
arguer or debater to know clearly and precisely the points of conflict. If 2. Definition of research. Research is thus the process of
he fails to grasp the critical points on which the discussion must be gathering from all available sources of information such facts, data,
predicated, he may waste his time and energy in endeavoring to prove statistics, and inferences as are necessary to establish one’s case and to
some fact that will not help in establishing his case. Or he may be overthrow the case of the opponent. A study of evidences, forms of
surprised by an attack on some vital point for which he may be entirely arguments, and fallacies is necessary to make the work of research
unprepared. He may fail to appreciate the relevancy of the evidence and effective.
3. Two methods of note-taking. The researcher will naturally 2. Explain why the researcher should adopt a systematic method
consider a great bulk of information. Unless he proceeds with a definite of research.
method, he will most likely fail to get the maximum economy of time and 3. What are the two methods of note-taking? State the merits
the minimum loss of mental energy. What he knows today he may not and the demerits of each method.
be able to remember tomorrow. Unless he adopts a systematic method 4. What is “accuracy in documentation”? what is the purpose of
of note-taking, he may waste of time and energy in reading over again accuracy in documentation?
what he has already read. He must not, therefore, trust to his memory. 5. Explain briefly what the researcher should look for.
There are two methods of note-taking. They are the card system and 6. What is assimilation?
the note-book system.
(a) The card-system. These are the advantages of the card- CHAPTER VII
system: (1) it is easy and convenient to remove from or add to the pack EVIDENCE
new cards on any subject, as the materials gathered from time to time 1. General statement. Evidence is best treated, analyzed, and
may demand; (2) cards are much more convenient for use on the studied in legal procedure. It is because the essential function of courts
platform in actual debate. The debater may simply get the cards needed of law is to administer justice- to adjudicate controversies. To administer
for instant use, without the inconvenience of taking to the platform the justice demands the ascertainment of the truth in order that the law may
whole pack. The following are the disadvantages: (1) in the course of be justly applied. And the ascertainment of the truth should be
the research, the debater may lose some of the cards; and (2) the cards conducted with the least possible delay. Because “justice delayed is
are too small for long quotations or extracts and for preserving clippings. justice denied.”
(b) The note-book system. These are the advantages of the note- To achieve this end, evidence is meticulously analyzed, classified, and
book system: (1) the note-book is more handy to carry around; (2) the evaluated. Pieces of evidence that tend to delay the work of ascertaining
note-book is more inconvenient for taking down long quotations or the truth are generally ruled out as inadmissible.
extracts and for preserving clippings. The following are the The function of this law are: “(1) It prescribes the manner of presenting
disadvantages: (1) the note-book is not very convenient in sorting and evidence; as by requiring that it shall be given in open court by one who
filling the materials gathered. It is not easy to remove from it a page or personally knows the thing to be true appearing in person, subject to
to add to it a new one, as the logical sequence of the information cross-examination; or by allowing it to be given by deposition, taken in
obtained may demand. (2) the note-book is not convenient for platform such and such a way; and the like; (2) It fixes the qualifications and
use. privileges of witnesses, and the mode of examining them; (3) and,
4. Accuracy in documentation. The researcher must be very chiefly, it determines, as among probative matters, matter in their
careful in copying quotations or extracts from his sources of information. nature evidential, what classes of things shall not be received.”
He should give credit to whom credit is due. References to “a recognized In general argumentation - argumentation outside the law courts -
authority” or to “a famous states-man” or to a “well-known political except with respect to the rule on legal admissibility, the classification of
scientist,” are practically useless. References like these create the evidences and their evaluation in legal procedure are adhered to.
impression that the debater is insincere-that he is simply bluffing. If the The student of argumentation and debate, much more the trial lawyer,
researcher will quote at all, he should do so very accurately; he should must make a thorough study of the nature of evidence- its inherent
enclose in quotation marks passages lifted from the works of others and weakness and its points of strength.
use asterisks to indicate any words omitted. He should give the title of 2. Evidence in law and in general argumentation. When ever a
the book from which he is quoting a passage, the name of the author, piece of evidence is to be used in court of law, the first test that should
the edition, the page where the material quoted occurs, and such other be applied is whether such evidence is legally admissible? Do the rules of
matters as may be necessary for the reader, the hearer, or the court permit is introduction in the trial? Once this test has been met the
adversary to verify the information. next test to be applied in this: Is this piece of evidence is logically
Accuracy in documentation, therefore, is the precision or correctness of sufficient if it is of such a nature that it satisfies human reason-if it is of
noting the sources of information used in argumentation. such a nature that men generally believe it to be true. A piece of
5. What should the researcher look for? The researcher should evidence is relevant if it is pertinent or applicable to the purpose for
look for all available information- facts, data, statistics, inferences-on which it is presented.
both sides of the proposition. On his side, so that he may be able to “Applied to testimony, the meaning of the word relevant is that it directly
refute the arguments that may be advanced by his opponent. And in his touches upon the issue which the parties have made by their pleadings,
research on both sides of the questions, it is essential that he should get so as to assist in getting at the truth.”
all the information available on every phase of the question-political, Relevancy is not determined by legal rules: rather, it is determined by
economic, sociological, aesthetic. logic, being the application of reason and judgment.
6. What guide should the researcher use? Colleges and 3. Evidence and proof. The terms evidence and proof are
universities have adequate libraries to meet the needs of their students. generally taken by the layman to mean the same thing. But, strictly
In the Philippines we have the National Library. These Libraries have speaking, the two terms do not mean the same thing. The term
published bibliographies and card indexes. These make references evidence refers to the medium or means whereby the facts are
handy. In some cases, students should consult their professors. established; while proof refers to the effect or conclusion produced by
7. The work of assimilation. As soon as all the available evidence. So that proofs is the result or effect of evidence, while
information has been gathered, the researcher should determine the evidence is the medium of proof. Proof is that which convinces; evidence
quality of his materials. Through judicious discrimination, he will be able is that which tends to convince.
to ascertain which materials are of use and which are not of use. The 4. Argument. The term argument is generally used to refer to the
materials found useful should be organize. process of inferring. Argument is the act of the mind whereby from
Whatever portions of the organized materials may be needed for a knowing the existence or non-existence of one that, or a certain number
particular audience should then be assimilated. Assimilation is the of facts, it advances to know other facts. It is thus the process whereby
process of converting the materials gathered and determined useful to evidence is generated into proof.
advance one’s case into the fibers of one’s finished arguments. 5. The sources of evidence. The sources of evidence are persons,
Assimilation demands the constant application of the processes of documents, and things.
thought on the materials gathered until the ideas expressed in them As a source of evidence, a person is a human being who, possessed of
become a part of one’s stock of information or knowledge; so that one some measure of intelligence, transmits information by word of mouth,
can express these ideas in one’s own language colored by one’s own in writing, or by voluntary signs. He is called a witness.
personality. Documents are manuscripts or pieces of printed matter regarded as
To commit to memory quotations lifted from the work of others is not to conveying information or evidence. Examples are a deed of sale, a
assimilate them. The work of assimilation demands conscientious self- mortgage contract, a marriage certificate, a letter written by one person
training and constant practice. to another.
Things, as source of evidence, are tangible objects presented to the
Review Question senses of those who will judge. A knife, a bullet, a watch, a hat, is a
1. What is research? what is the purpose of research? thing. Whenever a person is presented as an object of observation,
possessed of characteristics in common with things, that person is a Casual evidence is one that is neither created nor preserved to enforce
thing as a source of evidence. When the accused in a homicide case, for an obligation or to defend a right. It is entirely undersigned. Suppose
example, interposes self-defense and his counsel presents him in open Juana is an eye-witness to an accident. The policeman on the beat
court so that the findings of the judge on his physical build, his stature, takes down her name and address. Later she receives a subpoena from
his physical frailty, may be entered in the records, he is a thing as a the trial court. When she testifies as to what she has seen, her
source of evidence. testimony is casual evidence.
6. What is a good witness? A person gets the truth through his (f) Positive evidence and negative evidence. Positive evidence is actual
sense-sight, hearing, smell, taste, and touch. “a good witness is one who evidence. Negative evidence is the significant absence evidence.
is capable and desirous of finding out or receiving the truth, and capable For example: “A” reports the loss of a ring that he has placed in a
and desirous of reporting the truth.” A person who is blind is not a good drawer in the bedroom. In the investigation, it is found out that no
witness as to matters demanding sight; a person who is deaf is not a intruder has entered the house. This significant absence of evidence is
good witness as to matters demanding hearing. And although a person called negative evidence. It proves that the theft has been committed by
is possessed of all the physical faculties needed to find out the truth, if an inmate of the house.
he is not desirous of getting the truth, he is not a good witness. And (g) Expert evidence and ordinary evidence. Expert evidence is one that,
even if a person is in possession of the truth, if he is incapable of in the interpretation of the fact in dispute, requires special training,
reporting the truth or is not desirous of reporting the truth, he is not a knowledge, experience, and skill on the part of the witness. In law, it is
good witness. called opinion evidence. As to whether the accused was sane or insane
A person who is in possession of the truth, but does not tell the truth, or at the time of the commission of the crime requires the opinion of a
distorts the truth, or withholds the truth, is a prejudiced witness. mental alienist. As to whether the signature to a letter is that of the
7. The class of evidence. In classifying evidence, resorts is made defendant in a seduction case demands the opinion of a calligraphic
to commentators on evidence, like Greenleaf, Jones, Wharton. As expert. As to whether the thumb-mark or finger-print on an object is
evidence is best treated, analyzed, and studied in legal procedure, in that of the accused needs the opinions of a Bertillon expert.
discussing the different classes of evidence, the nomenclature in law will Not all testimonies of experts, however, are expert evidence. If an
generally be used in this chapter. expert, instead of giving opinion, testifies to a matter of fact not
(a) Direct evidence and circumstantial evidence. In considering requiring special knowledge or skill, the evidence so given is not an
these two kinds of evidence it is necessary that we distinguish between expert evidence.
the principal fact, the fact to be proved, or the factum probandum, from Ordinary evidence is one that attests to the truth or falsity of a fact in
the evidentiary fact, or the factum probans, the means of proving the dispute without the necessity of special training, knowledge, or skill. An
principal fact. ordinary witness is not allowed in court trial to express his opinion or
(b) Real evidence and personal evidence. Real evidence is one the even to use a word which expresses his opinion. He should simply state
source of which is a thing. The word thing covers human beings what he saw, felt, smelled, tasted, or heard, as the case may be. Even in
whenever human beings are presented to the judge as tangible objects law courts, however, under certain circumstances, an ordinary witness
of observation or inspection. Some authors call this kind of evidence may express his opinion regarding the general character or soundness of
autoptic preference. A dagger, a wound exhibited to the judge, a bullet, mind of some other person. In this manner he attests to the reputation
a knife-these are pieces of real evidence. in the community of that person. In this case, the evidence so adduced
Personal evidence is one that is afforded by a human being, either in the is still ordinary evidence.
form of discourse or by voluntary signs, for the purpose of (h) Primary or best evidence and secondary evidence. Primary or best
communicating thought. If a witness suddenly loses his voice and he evidence is one which “affords the best certainty of the fact in question.”
writes his answers to question propounded to him, the evidence so Thus, a deed or any other written instrument is primary evidence of its
obtained is also personal evidence. But when a person, while testifying, contents. Secondary evidence, on the other hand, is one which is inferior
exhibits involuntary changes of countenance or behavior, the evidence to primary evidence, and which upon its face shows that better evidence
so gained falls under real evidence. exists.” A copy of a written instrument or the recollection of a witness as
Personal evidence, depending upon its essential nature, may be direct, to its contents is secondary evidence.
circumstantial, or hearsay. Real evidences, on the other hand, is In courts of law, secondary evidence is generally inadmissible. If the
generally circumstantial. It cannot fall under the class of hearsay best evidence, the written evidence in question, is in the possession of
evidence. the adversary, who does not produce it after notice to do so, secondary
(c) Documentary evidence and testimonial evidence. Some evidence may be given. Or, too, if the judge is satisfied that it has been
authors call documentary evidence written evidence, and testimonial lost, stolen, or destroyed, secondary evidence of its contents is
evidence unwritten evidence. admissible. Testimonial evidence as to the contents of the instrument
Documentary evidence is one the source of which is a document. A withheld or lost or destroyed is called parol evidence.
document is an instrument on which are recorded by means of letters, 9. Other terms used in law. There are other terms used in legal
figures, or marks, matters which may be used as evidence. Example of procedure for certain types of evidence. The following are very
documentary evidence are written contracts in general, death commonly used.
certificates, birth certificates, letters exchanged between persons. (a) Demonstrative evidence. It is one that excludes all possibility of
Lithographs, photographs, pictures, maps and plans are included in the error. The requirements of this type of evidence are only approximated.
category of documentary evidence. The certainty of a fact in dispute cannot be determined with
(d) Original evidence and unoriginal evidence. Original evidence is mathematical precision.
one which has a probative force of its own. It does not derive its (b) Moral evidence. It is one that attests to the reasonable probability of
strength from or through another. Unoriginal evidence-also called the truth of the fact in controversy. It is sometimes called
derivative, transmitted, or secondhand-is one that the witness declares, preponderating evidence.
not from his own personal knowledge but from information given by (c) Competent evidence. It is that evidence “which the very nature of
another or other persons. In law courts, unoriginal evidences is called the thing to be proved requires, as the fit and appropriate proof in the
hearsay evidence. It is one that does not derive its value solely from the particular case.” An example is the production of a writing or document,
credit to be given to the witness himself, but rests also in part on the where its contents are the subject of inquiry.
veracity or competency of some other person. (d) Satisfactory evidence or sufficient evidence. It is one “that ordinarily
(e) Preappointed evidence and casual evidence. Preappointed produces moral certainty or conviction in an unprejudiced mind.”
evidence is one created or preserved in anticipation of an assertion or (e) Cumulative evidence. This term refers to the additional evidence of
defense of a right. Examples of preappointed evidence are written the same kind to the same point.” This is an example: in a defense of
contracts; such as, promissory notes, receipts, mortgages, deeds of sale, alibi the accused testified that he was not in the town of “X” but in the
etc. town of “Y” on the day and at the exact time the crime is alleged to have
If Juana gives Pedro a loan of a sum of money, she requires him to sign been committed. If Pedro Reyes, a witness, testifies that he saw the
a receipt. Juana’s purpose is to have a piece of evidence to prove that accused in the town “Y” on the day and at the exact time the crime is
Pedro owes her, in case Pedro should later deny his obligation. The alleged to have been committed, the testimony of Pedro Reyes is
receipt is a piece or preappointed evidence.
corroborative evidence. But if Juan Santos, another witness, also testifies Thus, in one breath this adulterous wife asserted that her loveless
to the same effects, this testimony is cumulative evidence. marriage made her life with her husband a source of intolerable misery
(f) Corroborative evidence. This evidence is an additional evidence of a and yet she desired to live with him under the same roof. In the name of
different character to the same point. {see example under (e)}. truth, she swore that her conjugal life was intolerable; to get an alimony,
(g) Conclusive evidence. This type of evidence refers to that which the she declared that she wanted to live with the husband whose face she
law does not allow to be contradicted. An example is a record of a court did not like to see!
of competent jurisdiction. (5) Can the evidence pass the hearsay test? Hearsay evidence is not
(h) Prima facie evidence. This is an evidence that is sufficient to maintain admissible in courts of law, unless it be one of the exceptions prescribed
the proposition affirmed until unless overcome by contrary evidence. by legal rules. In general argumentation, however, the rule of legal
10. Tests applied to determine the probative value of evidence. From the admissibility does not apply. But since hearsay evidence is inherently
mass of information gathered after the work of research has been weak, it must be regarded with great caution. And unless it passes two
accomplished, the disputant, whether a trial lawyer or a debater outside tests, it should not be used. The tests are: (1) Is the piece of hearsay
the law courts, must sort out the facts, data, and inferences that will evidence of such a nature that it can be transmitted from one person to
best serve his purpose. The materials accumulated cannot be all used. another without material alteration in the transmission; and (2) is the
To determine the value of the pieces of evidence that have been medium of transmission reliable?
gathered, it is necessary that tests be applied to ascertain their (6) Is the evidence exceptionally valuable? There are some pieces of
usefulness. There are generally three sets of tests that are applied: (1) evidence of exceptional value. Among them are the following:
the tests of the quality of ordinary evidence; (2) the tests of the sources Admissions and declarations against one’s own interest. Man is by nature
of ordinary evidence; and (3) the tests to determine the use of expert selfish. A statement, therefore, that runs counter to one’s own interest is
evidence. usually true. Such evidence is regarded as of such strength that
(a) tests of the quality of ordinary evidence. secondhand evidence thereof is considered as an exception to the
(1) Is the evidence consistent with human nature? There are certain hearsay rule.
natural impulses that a normal human being possesses; and man reacts For example: suppose a valuable ring is found on the floor. Suppose “A”
to circumstances according to certain definite patterns of human is asked whether he ring is his, and he answers that it is his and
behavior. The human mind refuses to believe any piece of evidence.-any thereupon picks it up. It is natural for us to consider “A’s “ statement
testimony, any statement-that runs counter to human nature. A normal with mental reservations. But suppose “A” answers that the ring is not
person, for example, will not accept as true a statement that a person his. Can we doubt his veracity?
insulted another, and that this other person became grateful to him for There are cases, however, where one person pleads guilty to be crime
the insult; or, that a man slapped a young lady, and this sweet thing committed by another. The case of Damon and Pythias comes to our
kissed him in return. mind in this connection. But such exceptions simply tend to establish the
(2) Is the evidence consistent with human experience? Man’s belief is truth of the general rule.
based on his observation of the operations of the operation of the law of Casual evidence and undersigned evidence. This kind of evidence being
nature. His experience has taught him that certain phenomena will occur spontaneous declarations is more likely to convince, as it is generally
as a result of the operation of the law of gravitation, of the law of decay, free from cunning.
etc. He, therefore, refuses to accept as true declarations or statements Negative evidence. The strength of this kind of evidence lies in its
that contravene the naturals laws. No person, in his right senses, for freedom from being doctored. It speaks for itself.
example, will accept the truth of a declaration that a basketful of eggs (b) Tests of the sources of ordinary evidence. The word “sources” of
fell to a cement floor and, instead of breaking, rolled like rubber balls. ordinary evidence is used to refer to ordinary witnesses.
Or, that a person jumped from the tower of the city hall and remained (1) Is the witness physically qualified? A witness gets the truth through
suspended in the air like a balloon. the five senses. This test does not mean that, to qualify as a witness, a
(3) Is the evidence consistent with known fats? Any testimony that person must be physically strong. It simply means that he should be in
contradicts a fact generally accepted to be true is essentially false. possession of the particular sense or faculty necessary to get the
In the trial of a murder case in a Court of First Instance, the accused, in information required. For example, a blind person is not qualified to
direct examination, seeking to establish an alibi, testified that he was not testify as to matters requiring sights; a person who is deaf, as to matters
in the town of “C” but in the town of “P” on the day and at the exact requiring hearing.
time when the crime was alleged to have been committed. In the course (2) Is the witness mentally qualified? A person whose memory is weak is
of the cross-examination, he was asked what he was doing in the town generally not trustworthy with respect to matters requiring memory. The
of “X, and he answered that he was hunting. Asked what date of the fact that a witness cannot remember things in general raises a strong
month it was when he was hunting, he answered that it was when he presumption of error in his testimony. A person who is mentally
was hunting, he answered that it was November 17. Asked further what deranged is, of course, disqualified from acting as a witness. In that
day of the week was November 17, he answered that it was Saturday, state, he cannot be expected to have a sense of responsibility.
because, he said, he remembered he heard mass on the following day (3) Is the witness morally qualified? In considering the moral
and that he never went to church except Sundays. The Provincial Fiscal qualification of the witness, it is necessary to determine his general
produced the calendar for the year on which it appeared that November reputation for probity and integrity. Is he a habitual liar? What is his
17 was not a Saturday, but a Wednesday. general reputation for truth in the community? The testimony of a
The testimony of the accused in the case runs counter to the calendar. It person generally reputed to be of low moral character is of little or no
was therefore, untrue. value.
(4) Is the evidence consistent with itself? Whenever a piece of evidence (4) Did the witness have the opportunity for getting the truth? It is very
has an inconsistency within itself, it is inherently weak. Self-contradiction obvious that a person who has had no opportunity for getting the truth
is one of the surest signs that a prevarication is being committed. is not worthy of belief. If a person has had no chance to observe closely
In a civil case where a young wife charged her husband with having and carefully the existence of facts to which he testifies, his statements
deserted her, and demanded an alimony, she testified in direct are clearly not free from doubt. In trials of cases in courts of law, it is
examination that she married her husband when he was fifty-two years very common for lawyers in the course of cross-examination to show
old and she only sixteen; that she married him not out of love but that the witness was too far from the scene of the commission of the
because her mother compelled her to marry him for his money; that crime to see clearly, that his vision was so blocked that he could not
from the day of her marriage her married life was one continuous period have seen the facts to which he testifies, or that he was not present at
of suffering and misery. The husband interposed the defense that, since the scene at all.
she had committed adultery and since she had abandoned the conjugal It is very common for writers who investigate the conditions obtaining in
domicile of her own accord and free will, she had forfeited the right to a country to see only certain parts of the country, and then to venture
alimony. In the course of the cross-examination, she repeated her story the most positive statements regarding the whole land. Such a
of her marriage without love and of her continuous martyrdom, but haphazard observation cannot be taken as reliable.
denied that she left the home of her husband and asserted that she (c) Tests applied to the use of expert evidence. Not all cases or
wanted to live with him. She further testified that, in spite of her questions demand the use of expert or “opinion evidence.” The following
repeated entreaties, her husband drove her from his home. tests are applied with reference to the use of expert evidence.
(1) Is the case of such a nature as to warrant the introduction of expert phenomena, facts, or instances; and from their conjunction or
evidence? There are cases in which the introduction of expert evidence concurrence it infers a general truth. When we reason that since it has
is imperative. The following are representative examples: (1) Cases been observed that particular instances of living things like plants,
where the genuineness of the signature of a person is in question; (2) animals, and men die, therefore all living things will die, we argue
Cases where the sanity of the accused is in issue; (3) Cases where the inductively.
finger-print of a person is in question. (b) Deduction is that process of reasoning whereby it is shown that a
(2) Is the witness presented as an expert possessed of the qualifications particular case is true because it falls under some general law or
to justify his acceptance as an expert on the matter in question? To principle, which is already known or assumed to be true. When we argue
qualify as expert, the witness must be possessed of the training, that since all men will die, Juan, a man, will therefore die, we argue
knowledge, experience, or skill demanded by the matter in question. deductively.
(3) Is the witness recognized by the judge, by the reader, or by the (c) Induction and deduction are mutually dependent. Deduction is
hearer as an expert? That the witness presented is known to the arguer dependent upon induction in that the universal rule which forms the
or debater as an expert on the matter in controversy is not enough. It is basis of reasoning has been brought about by a previous induction. In
necessary that such witness be accepted by the judge, by the readers, other words, without previous induction, there can be no postulate upon
or by the audience as an expert. which deduction is predicated. On the other hand, induction is
In court trials, it is very often that trial lawyers commit the error of dependent upon deduction, because we cannot reason by induction
presuming that the witness they presented is an expert just because in unless we assume as existing a general law of conjunction or
other case of similar nature said witness was recognized by the trial concurrence uniting the instances, facts, or phenomena from which we
judge as an expert. It is necessary that, through direct examination, the infer.
authority of the witness as an expert be established first for purpose of 3. The inductive types. There are three kinds of induction; namely, (1)
record. perfect induction, (2) imperfect induction, and (3) the inductive method,
In general argumentation, a common error committed is the citation of a otherwise known as the scientific method of inquiry.
name that is respected and revered by the audience in support of the (a) Perfect induction is one which simply enumerates the particulars
contention of the debater, without considering whether the person cited which from a class. It is obviously not a form of argument. We have
is an authority on the matter at hand. In this way, the fallacy of learned that an argument is an act of thought whereby from knowing
argumentum ad verecundiam is committed. something or a number of things it advances to know another. In perfect
induction, the conclusion does not cover new matter.
Review Questions (b) Imperfect induction
1. In what branch of human activity is evidence best considered,
studied, and analyzed? Why?
2. What is the law of evidence? What are its functions?
3. In considering piece of evidence for use in a court of law, what is the
test first applied? Why? What are the other tests?
4. In general argumentation, what are the tests applied?
5. When is a piece of evidence relevant? When is it logically sufficient?
6. In choosing evidence, what role does conviction play? Persuasion?
7. What is the meaning of “argument” as an act of the mind? What are
other meanings of the term “argument”?
8. Distinguish “evidence” from “proof”.
9. What are the sources of evidence? May a person be considered as a
thing as a source of evidence? Explain.
10. What is a good witness? What is a bad witness? What circumstances
make a bad witness?
11. Name the classes of evidence and state the essential nature of each
class?
12. What is the weight given to a piece of hearsay evidence in courts of
law? Why? Give at least two exceptions.
13. What is the weight given to a piece of hearsay evidence in general
argumentation? State the tests applied to determine the worth of
hearsay evidence.
14. What tests are applied to determine the probative value of ordinary
evidence? to determine the credibility of the sources of ordinary
evidence?
15. What tests are applied to determine the use of expert evidence?

CHAPTER VIII
THE CLASSES OF ARGUMENTS: INDUCTION
1. General statement. Argument, as we have seen, is an act of the mind
whereby from knowing one thing or a number of things it advances to
know another thing. It is a process by which the mind is led from one or
more assumed or known truths. The term argument, as a process of
thought, is synonymous with reasoning or inferences.
Students of argumentation and debate should be familiar with the
different forms of arguments- their essential nature and their points of
strength and their points of weakness. The purpose is to enable
themselves to build up their case strong enough to withstand the attack
of the adversary, and to detect the flaws in the inferences of their
opponents. It is necessary that they understand clearly on what the
strength of the different kinds of arguments depends.
2. The two process of reasoning. The two methods of reasoning or
inference are induction and deduction.
(a) Induction is that process of reasoning whereby from the concurrence
or conjunction of particular instances or phenomena we draw a general
principle, rule or postulate. In induction, the mind starts from particular