Sunday, March 15, 2009

TYPES OF FALLACIES

1. Appeal to authority. This fallacy is committed when the debater accepts the word of alleged authorities when he shouldn’t either because it’s not be telling the truth or because experts disagree on the issue. Example Taking the word of famous business executives on the safety of nuclear power plants.

2. Appeal to ignorance. This fallacy is committed when the debater argues that since no one can prove something is false, he is entitled to believe it is true, or vice versa. Example: Arguing that aliens do not exist because no one can prove that they exist.

3.Ad hominem argument. In this fallacy the argument shifts from the proposition to the character of personality of one’s adversary. Example: You’re not going to believe a former addict, will you?

4. Ad populum argument. This fallacy occurs when the arguer appeals to the theory that whatever the masses believe is true or when he appeals to the crowd to determine the truth. Example: Arguing that smoking must be harmful since most people think it is.

5. Begging the question. An argument begs the question when it assumes something as true when it actually needs to be proven. It asserts without justification all or part of the very question at issue. Example: The declaration that “ these corrupt practices must be changed” asserts the corruption but does not prove it, and consequently the conclusion is not justified.

6. Arguing in a circle. This fallacy occurs when two unsupported assertions are used to prove each other. Example: Because gambling is immoral it should be prohibited. Because gambling should be prohibited the practice of gambling is immoral.

7. Pseudo question or complex question or fallacious question. This fallacy arises when an advocate asks an unanswerable loaded or ambiguous questions or a question based on false assumption or so many questions that an opponent cannot possibly answer them adequately within the available time. Example: Have you stopped using shabu?

8. Invalid inference or irrelevant reason. This fallacy occurs when the advocate draws a conclusion that does not follow from the premises or evidence on which it is based or when he is trying to prove something using evidence that may appear to be relevant but really isn’t. Example: A man who is kind to animals will make a good husband.

9. Questionable premise. This arises when one accepts a premise when he has no good reason to accept it. Example: Having believed the premise that Sec. Gonzales had no part in the textbook scam, without having a good reason to believe it.

10. Suppressed evidence. This refers to the omission from an argument of known relevant evidence. Example: The failure of a certain gasoline brand to indicate in its commercials that most other standard brands of gasoline contain the ingredient. Platformate.

11. Questionable cause. This refers to labeling something as the cause of something else on the basis of insufficient evidence or contrary to available evidence. Example: A columnist’s suggestion that Serb civilians were massacred by NATO soldiers were trying too hard.

12. Quetionable statistics. This refers to using or accepting statistics that are questionable without further proof or support. Example. Statistics on undertable or off the record transactions.

13. Questionble clasification. This involves placing items in the same class although they aren’t relevantly similar. Example: Classifying some people as leftists instead of activists.

14. False dilemma. This refers to erroneous reduction of alternatives or possibilities usually a reduction to just two. Example: Implying that prostitution is due to either poverty or white slavery, while omitting all sorts of other possibilities.

Friday, January 2, 2009

My Review Notes on POLICE POWER

Effect of Declaration of Unconstitutionality

Ans. It is not a law, there are no rights and imposes no duties and affords no protection
All acts pursuant to such provision is null and void
If illegally dismissed , position does not become vacant and new replacement is null and void
No valid appointment to a non vacant position
All commissioners appointed under Ra 8551 should be removed from office, in order to give way to the reinstatement of the petitioners.

POLICE POWER
It is regulatory in nature and the power to issue licenses or grant of bus. Permits if exercised for regulatory and not for revenue raising purpose is within the purview of this power

Construing POLICE POWER

JAI ALAI imbued with public interest and involves the exercise of police power
Construed strictly and any doubt must be resolved against the grant

Rates charged by Public Utilities like MERALCO are subject to state regulation

-When private prop. Is used for public purpose and is affected with public interest it ceases to be JURIS PRIVATI and only becomes subject to regulation
-Submission to regulation maybe withdrawn by the owner by discontinuing use BUT as long as its continue the same is subject to public regulation.

Charged by public utilities
-State protects the public against arbitrary and excessive rates while maintaining the efficiency and quality of services rendered.Balancing of investments and consumer interests.BUT does not give the state the right to prescribe rates as to deprivev the public utility as of ROI.
-The rates prescribed by the state must be one that yields a fair return on public utility upon value of the prop. Performing the service and one that is REASONBLE to public service.

NATURE OF AUTHORITY OF LGU TO ISSUE OR GRANT LICENSES
-Regulatory in nature
-Essentially in the exercise of police power of state within the contemplation of gen. welfare clause of LG Code.

Does ART. 263 of labor code which vests the Sec. of Labor the discretion to determine what industries are indispensable to nat’l interests and assume jurisdiction over disputes VIOLATES workers constitutional right to strike?

Ans.The Sec. of labor assume jurisdiction over labor dispute of said industry.It is done for the promotion of common good considering that prolonged strike or lock out can be inimical to nat’l economy

May solicitation for religious purposes be subject to prop.regulation by the state in the exercise of police power ?

Ans. Even the exercise of religion may be regulated in order that the state may protect its citizens from injury.
- State may protect its citizen from fraudulent solicitation by requiring a stranger in the community before permitting him publicly to solicit funds.

Does the corp. or individual not licensed have the right to hire licensed optometrist? Will the employmentof a qualified optometrist by a corp. go against public policy?
Ans. It was ruled that the employment of a qualified optometrist by the corp. is not against public policy UNLESS prohibited by a statute, a corp. has all contractual rights.

What powers of the state’s policies are involved in the implementation of CARL?Ans. Police power and power of eminent domain…

CHARTER CHANGED EXPOSED

At present, the issue of Charter Change was revived again. Among the prime actors this time are some members of the House of Representatives and the Senate. A parallel movement in the civil society, which has traditionally been opposed to Charter Change, was born amidst the advocacy for federalism and parliamentary form of government. Thus, an impetus for significant social change through the Constitution was generated, also perceived to be opportune and timely.
But such perception was met with opposition. Among the most prominent arguments from the opposition to charter change are the following: it is not timely (given the present socio-political context), it is designed to postpone elections and prolong stay in office by the present regime, and it will open the floodgates to social disturbance and division.


The president,s henchmen from the local government did their part by pushing for charter change in a feeble attempt to deflect the public’s attention from Lozada’s expose’. Weee they expecting that the public would suddenly forget about Lozada and focus on cha cha debates?
The revival of cha cha is clearly a diversionary tactic. But as the Philippine Daily Inquirer’s source aptly puts it, it might backfire on the government. Even former president Fidel Ramos was not able to push through with his plans to amend the constitution in 1997 because of public’s perception that it was being done to prolong his stay in power. What more with Gloria Macapagal Arroyo who is now fighting tooth and nail to be able her seat in Malacanang. It would surely enrage the public even more if and when they push for cha cha.


THUS, THE DEBATE ON THE ACCEPTABILITY OF CONSTITUTENT ASSEMBLY AS A MODE FOR CHANGING THE CONSTITUTION ALSO EMERGED AS AN IMMEDIATE CONCERN.


Therefore, in this situation, it is now imperative to enhance awareness of the issues among the people so that significant participation may be generated and genuinely democratic processes be guaranteed.

Thursday, January 1, 2009

The Economy and the Arroyo Presidency

The Economy and the Arroyo Presidency

Illegitmacy and electoral fraud


The specter of the “ Hello Garci” and its exposing the apparently direct involvement of Pres. Arroyo in electoral fraud evidently remains. Indeed this appears a given for most with 74% of Filipinos seeing truth to the accusation that GMA engaged in corruption and cheating in the 2004 elections and it is a core of illegitimacy that forever marks the Arroyo presidency. It is among the central issuesimpelling the initiation of three impeachment complaints so far.

The administration failed to use the May 2007 elections to cobble together a semblance of legitimacy and its senatorial slate was able to manage just three seats. The national level defeat was only very partially compensated for by patronage driven victories at the local level.

The vigilance of people to guard their votes and a handful of apparent electoral success by nontradional elite candidates was welcome. Still, the May elections did again confirm the brazen capture and manipulation of the country,s election by self serving elites.

The absence of electoral reforms even in the face of the system’s barefaced failures is a persistent problem which undermines the credibility evev of the approaching 2010 elections. The underlying distrust of the system in general underlies demands for credible, independent and respected COMELEC commissioners and probably a fair amount of field staff as well. The demands for electoral reforms will gain renewd urgency in 2008 and is an important area to challenge the Arroyo administration . Four of the seven Comelec slots, a critical majority, are open for the 2010 polls. Credible people are likewise needed for the 17 regional directors and, indeed, their associated bureaucracies .There is also the demand for computerization that, it is hoped, will reduce the capacity of elites in and out of power to manipulate vote counting and canvassing. There are also other electoral reforms proposed covering term limits, against political dynasties, developing the party system, strengthening the party list scheme, campaign financing and so on. The appointments are however decisive in terms of creating even a semblance of credibility and are a key test for Arroyo administration which has a dismal record in the persons of former commissioners Virgilio Garcillano and Benjamin Abalos.

Tuesday, December 30, 2008

obama and mccain 3rd presidential debate

The toughest and the most talked debate in America unfolded where two of the highly respected senators between the Democrats and the Republican showed their prowess in answering questions and giving their opinions which concerns both economic and social interests and those of transcendental importance.

As expected, both of them addressed issues confronting America and gave their stands and solutions to the given cases. This debate served as their last hurrahs before the people will finally choose between Sen. Obama and Mccain and be declared as the next US president.

The debate between the two followed standards patterned that of the formal and usual debate we have seen but somehow put some twists to it wherein they were speaking in a formal situation in order to convey and communicate their stands and views to the people with supporting details.

They were also following a structured content and used
language with the highest level of formality appropriate for the audience and purpose. Basically, they were speaking audibly to an audience using some appropriate eye contact, variation of voices and body language.

They were using specific relevant issues, examples, statistics and evidence to support and corroborate their claims in a given case. Thus, they were incorporating these information into their speeches as part of a debate, in a relevant and appropriate way.

Moreover, both of them had their own substance, style and strategy in attacking each other which offer a comprehensive guide to the audience of who to vote. Developing their own personal style brings them to a speed in standing skills by which the audience may be persuaded by their thoughts and feelings which provides them with a thorough grounding on who to vote and who best fits for the position.

As a whole, formalities and standards in debating were followed and applied for one common purpose which is to persuade and convince the audience to believe in you and to convey your messages well to them and in this case, to gain most of all the trust and confidence of the people of America.

Saturday, December 27, 2008

cha cha

Seen from all angles, the latest scandal that has wracked the presidential office should only lead to either an impeachment, resignation or even a cha cha by its occupant. But if Mrs. Arroyo goes, will that solved the real problem? Will her departure and, possibly prosecution, guarantee that briberies, malversation, fraud and nearly all other violations of every provision of the Constitution and other laws involving this high office won't happen again?
Some Filipinos may be debating the issue, and going through the motions of deciding whether charter change is timely and necessary, and if so, how much change there should be, or whether the changes are likely to mean anything. But however much it is debated, and however much the Senate and other sectors may oppose them now, what’s likely is that constitutional amendments, or even a totally new Constitution, will be in place for ratification by next year.
The reasons are obvious, or should be. Not only is there a confluence of domestic interests to which Constitutional amendments would be politically and economically advantageous. The United States, a far from disinterested observer of events in its neo-colony, also favors and regards Constitutional amendments as critical to its economic interests.
The domestic interests are best summed up in two words: political dynasties. Although the country’s so-called lawmakers have gotten around the term limits in the 1987 Constitution by making their wives, sons, daughters, and other relatives run in their place, and by running now for Congress, and now for the Senate, a new Constitution without those limits would be more desirable.
The elimination of term limits would allow them as well as their relatives to run for parliament as often as they like. With the elimination of term limits, there would be no fixed terms, their staying on in parliament being dependent solely on their party or coalition’s numerical dominance.

Most of the majority party governors and mayors could also end up as provincial or state ministers and members of the provincial or state parliaments that a federal form of government—the twin to the proposal to shift to the parliamentary system—would have to create.
As for Mrs. Arroyo, while she would have to step down once a parliament is in place, she could very well run for MP in her and Bong Pineda’s spheres of influence in Pampanga - and, who knows, aspire once more for the post she’s now clinging to like a barnacle, depending on what the specifics of the parliamentary system and the federation would be.

Beyond that, however, and it’s something that has so far escaped scrutiny, are those amendments to the Constitution and Philippine policies the U.S. wants, other than the shift to a parliamentary system and to a federation.
Primarily those changes involve provisions in the Constitution and policies that restrict foreign investments in key economic sectors, as well as foreign ownership of the mass media and public utilities.
In addition to prohibitions on foreign ownership of the mass media and public utilities, current policies also restrict foreign ownership of telecommunications to 40 percent. Sixty percent Filipino ownership is required for those firms that wish to contract with the Philippine government in the construction of water, telecommunications, and transport systems as well as electric power distribution. Only Filipinos may own rural banks, while foreigners are limited to 51 percent equity in insurance companies.
Only Filipino-owned sea craft may engage in domestic shipping. Foreigners are barred from serving as crew members of Philippine ships. No foreign ownership of educational institutions, or of land and rice and corn processing plants is allowed.
In the view of the United States, the European Union, Japan, and their local agents and spokesmen, all these “hamper development”.
The loudest and earliest proponent of Constitutional amendments to remove these restrictions agrees. Fidel V. Ramos was not coincidentally also the most aggressive of all Philippine presidents since Corazon Aquino in globalizing the Philippine economy (read: allowing the unrestricted entry of foreign capital and removing all protection for local industries), and in whose term the Mining Act of 1995 - which converts the entire country into potential mining areas - was passed.
Much has been made of the current Philippine senators’ opposition to Constitutional amendments via Congress’ being convened into a “constituent assembly.” Expect this resistance to dissipate as soon as it becomes clear to the Senate majority that it’s in the interest of everyone in the political and economic elite - the landlords, the big businessmen, themselves and the U.S. overlords of this country included—that not only is a shift to a parliamentary system and to a federal form of government achieved, but that those pesky nationalist provisions of the Constitution and the policies to which they gave birth are excised from whatever Constitution will emerge in 2006.
Filipinos may yet conclude that charter changes as envisioned by Ramos and company are not the cure-all to the country’s problems - poverty, the unequal distribution of wealth, inadequate social services, and other perennial crises - its advocates claim them to be. But whatever they may think isn’t likely to matter. Before the year is over the holders of elite power and their U.S. patrons will ram cha-cha down their collective throat.

Friday, November 21, 2008

Argumentation:concept,purpose and process

The purpose of an argumentation essay is to state your opinion on an issue and present an argument to convince others to agree with your opinion and adopt it as their own. Arugmentation essays involve the use of logic and persuasion, and teach much more than research of a subject. While argumentation essays require more of a student than most other types of essays, they can also be the most enjoyable type of essay to write. Argumentation essays allow the writer to express his or her personal views about a subject. The paper does not only deal in facts, but also in emotional appeal. This site exists to help you learn more about argumentation essays, the process behind writing an argumentation essay, and logical arguments in general.

Argumentation Writing Process:
I. Think about your
essay topic. - What are you arguing about? Are you for or against it? How does it relate to your life or the life of your reader? If time allows, spend a day or so analyzing the issue.II. Start Pre-writing. - Now that you have been thinking about the essay topic, start plotting it out. Decide what position you want to take, and begin doing some basic research on the subject. As you are doing the research, take note of information that surprises you, whether it is for or against your position, information that surprises you can be useful. For example: I once was doing research on FCC regulations and came across the fact that the FCC does not regulate violence in the media in any way. This fact ended up stunning my professor, as he had no idea of this and stated to me that he had always assumed that it was regulated. Teachers spend their time reading papers and anything that seperates your paper from the rest of the papers will have an effect on your grade.III. Research, Research, Research. - The most useful thing you can have when writing a paper is information. Do enough research for two, or even three papers if possble. That way, when you sit down to assemble your paper, you will not have to worry about not having enough material to work with.IV. Construct an Outline. - By this time, it should be obvious to you what to concentrate on in your essay. Even if it isn't, don't worry too much. Everyone has their own ways of setting up a paper, but it is usually a good idea to write out some sort of outline that includes a thesis statement before you start writing.V. Write a Draft. - Follow your outline, and get writing. Consider starting with the body paragraphs and doing the Introduction and Conclusion last. Don't try to edit your outline while writing, make a note on a piece of paper, but just keep writing. You will have time to edit your paper later.VI. Edit your Draft. - Once you're finished with the draft, reread it and decide what needs to be changed. Make sure everything relates to your argument, and that the paper as a whole flows. Repeat steps V and VI as necessary until you are happy with the paper. The main point is remember to give yourself enough time to do the paper properly. Don't procrastinate and attempt to write the entire paper the night before it is due. Take your time and make sure to meet whatever requirements you might have been given.