SAMPLE QUESTIONS AND ANSWERS FOR DEDUCTIVE METHOD

FIRST PREMISE:
State the provisions of the law, the doctrine, the ruling of the court applicable, the general
principles. If you can memorize the exact wordings, it will be much more convincing.
SECOND PREMISE:
Apply the law, or what is contained in the first premise to the facts given in the question. Usually
you begin with, “in the problem given or in the facts given, or in the case at bar.” Please don’t
simply restate the facts in the problem. Use instead the facts in order to justify your argument as
to whether it is constitutional or not, valid or not.
CONCLUSION:
This is where you state your conclusion. You may state already your conclusion as the first
statement before the first premise and simply restate it after the second premise.
SAMPLE QUESTION:
1. Before the end of his first year in office, Rep. Bugoy inflicted physical injuries on his
colleague, Rep. Agi, in the course of a heated debate during the committee hearing. Charges
were filed in court against Bugoy as well as before the House Ethics Committee. Later, the
Municipal Trial Court in Cities (which has jurisdiction for crimes punishable by six years and
below) where the case was filed issued a warrant of arrest for Bugoy and the Police went to the
office of Bugoy who at that time was drinking coffee at the Cafeteria of the House of
Representatives. The Police was able to ascertain from the office of the Speaker of the house that
the session for that day was already finished because it was already 10:00 o’clock in the evening.
a). Can the Police validly serve the warrant of arrest on Rep. Bugoy that same night?
Reason out. (5)
ANSWER:
a) Article VI of the Constitution mandates that every member of congress is immuned from
arrest if the offense for which he is charged is punishable by not more than six years and while
congress is in session. The meaning of session is not the day to day session of Congress but the
entire period when Congress meets and is continued until thirty days before the next opening of
Congress, excluding Saturday, Sunday and legal holiday)(FIRST PREMISE)
In the problem given, the offense charged against Rep. Bugoy is punishable by not more
than six years imprisonment (The case is filed before the Municipal Trial Court in Cities, which
has jurisdiction only over those offense punishable by not more than six years- you don’t even
have to repeat this because it is already given in the facts) and at the time the police went to the
office of Rep. Bugoy in order to arrest him, there is no showing that the session of congress has
already ended. (SECOND PREMISE)
Therefore the police cannot validly serve the warrant of arrest that same night.
(CONCLUSION)

QUESTION:

b). The members of the house with a majority vote and voting across party lines decided to
suspend Bugoy for fifty days on the ground of disorderly behavior. Is the action of the house
legal? Explain. (5)
ANSWER:
b) It is not legal.
The constitution expressly provides that two-thirds votes of all its members is required in order
to suspend or expel a member from the House or the Senate on the ground of disorderly
behavior. It depends also in the discretion of each house how to define disorderly behavior.
(FIRST PREMISE)

In the problem, although there is no violation of the constitution in finding the ground for
disorderly behavior, it is clear that the House suspended Bugoy only with a majority vote which
is not the same as two thirds of all the members of the House of Representatives as mandated in
the constitution. (SECOND PREMISE)

Therefore, the action of the House is not legal. (CONCLUSION)

QUESTION:

c). Rep. Bugoy questioned his suspension before the Supreme Court by alleging in his petition
that the House of Representatives gravely abused its discretion because what he did was not yet
enough ground for his suspension and that it was not in accordance with the constitution. Can the
Supreme Court validly take cognizance of the petition of Rep. Bugoy? Reason out. (5)
ANSWER

c) It is provided in Article VIII, Section 1 of the Constitution that the SC can exercise the power
of judicial review over the action of any branch or instrumentality of the government if there is
grave abuse of discretion which may take the form of any violation of the provisions of the
constitution. (FIRST PREMISE)
In the problem given, although it is within the discretion of the House to determine the
sufficiency of the ground for disorderly behavior, the fact that the House of Representatives did
not follow the votes required in order to suspend a member already constitutes grave abuse of
discretion which in turn triggers the exercise of judicial review. SECOND PREMISE
Therefore, the Supreme Court can validly take cognizance of the petition of Rep. Bugoy.
(CONCLUSION)

3. The National Power Grid Corporation (NPGC) is a government owned and controlled
corporation with an original charter. Due to the negligence of one of its employees, the entire
Metro Manila suffered 12 hours of blackout which resulted to huge business losses on the part of
many corporations. ABC Corporation filed a case for damages against NPGC arguing that if not
for the negligence of NPGC it could not have suffered huge business losses due to the blackout.
GPGC argues that the case should be dismissed because being a GOCC it could not be sued
without its consent and there is no showing that NPGC has given its consent to be sued. Is the
argument of NPGC valid? (5)
ANSWER:

The argument of NPGC is not valid. (OPTIONAL)

NPGC is a government owned and controlled corporation with an original charter which contains
a provision that says that it can sue and be sued. Such kind of provision is a form of express
waiver of its immunity from suit. (FIRST PREMISE)
In the problem given, the main argument of NPGC that it cannot be sued is simply because it has
not given its consent. Obviously NPGC is wrong because its charter clearly contains an express
waiver to be sued. (SECOND PREMISE)
The argument of NPGC is not valid. (CONCLUSION)

HOWEVER, IF THE QUESTION DOES NOT CALL FOR DEDUCTIVE REASONING,

DON’T USE THE DEDUCTIVE METHOD. QUESTIONS THAT ONLY REQUIRE YOUR
KNOWLEDGE, USUALLY STARTING WITH “WHAT” OR EXPAIN THE MEANING, OR
DIFFERENTIATE, SHOW THE DEVELOPMENT, AND THE LIKE DOES NOT REQUIRE
THE APPLICATION OF THE DEDUCTIVE METHOD.

Carry on with FGD, jeeg952020